Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

56. Various City agencies, including DOT, Sanitation and/or Parks, unlawfully, intentionally

and wantonly, and without notice, cut down trees located on and adjacent to the Property.

Several branches that were cut off from the trees fell down and caused damage to

DePietro's equipment.

57. In or about 2003 and 2004, DOB recommended certain improvements to be made to the

Property under a precept issued by New York State Supreme Court, Richmond County.

DePietro fully complied with DOB's and the court's recommendations to cure the

conditions, and the precept was lifted.

58. Prior to August 2007, DePietro met with the commissioner of DOT and with employees

of various other City agencies on numerous occasions to complain about the water runoff

problem that was damaging his Property.

59. In August 2007, DePietro again met with the Staten Island commissioner for DOT to

complain about the water runoff situation on Academy Avenue. Although at first the

commissioner denied any knowledge of the situation, he asked DePietro for some time to

investigate the matter. DePietro assured the commissioner that he would wait until

January 2008 before instituting any actions.

60. Upon information and belief, on and prior to December 6, 2007, Defendants Ignizio, Mustaciuolo and Tobacco conspired with various City agencies and their employees to

bring about the demolition of the buildings at the Property without giving notice to

DePietro.

EVENTS OF DECEMBER 5, 2007 TO DECEMBER 10, 2007

DePietro's efforts to Forestall the Wrongful Demolition

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NYC-WTC 000159375