Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

88. Upon information and belief, the superintendent did not order DePietro to vacate the

Property, as required under Administrative Code Section 26-243(c) where there is "actual

and immediate danger that any structure or part thereof will fall so as to endanger life or

property . . . ."

89. Upon information and belief, the superintendent ordered the structures on the Property to

be demolished, without the benefit of a precept ordering him to do so, as required by

Administrative Code Section 26-240(a).

90. Upon information and belief, the superintendent ordered the demolition of the Property,

without considering any alternative work that could have been done to render such

structure or part thereof temporarily safe from any alleged unsafe conditions, until the

proper proceedings provided for unsafe structures could be instituted, as required under

Administrative Code Section 26-243(b) for structures that are in the opinion of the

superintendent actual and immediate dangers that any structure or part thereof will fall so

as to endanger life or property.

91. The buildings on the Property were not abandoned or vacant.

92. There were no emergency conditions, immediate emergency conditions or imminent

emergency conditions on the Property. There were no holes in the roof. There was no

fire damage. There was no wall collapse. There was no roof collapse. The garage was in

perfect condition. The Florida room was in perfect condition.

93. The buildings were adequately locked and safeguarded, and there was a six-foot PVC

fence around the Property.

94. On November 26, 2007, DOB Deputy Commissioner Fatma Amer ("Amer") sent a

Memorandum to Defendant Mustaciuolo indicating that Defendant Gluckman had

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NYC-WTC 000159380