Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

declared an Immediate Emergency Condition with respect to the house on the Property,

based on an inspection conducted by Defendant Coyle on November 21, 2007.

Defendant Coyle's report, which recommended an Immediate Emergency Condition, did

not allege, identify or specify any emergency conditions that threatened life or property,

and contained lies, misrepresentations and/or factual errors with respect to the condition

of the Property.

95. On December 7, 2007, one day after the demolition project had begun, Amer sent a

Memorandum to Defendant Mustaciuolo indicating that Defendant Gluckman had

declared an Immediate Emergency Condition with respect to one of the garages on the

Property, based on an inspection conducted by Defendant DeLuca on December 6, 2007.

Defendant DeLuca's report, which recommended an Immediate Emergency Condition,

did not allege, identify or specify any emergency conditions that threatened life or

property, and contained lies, misrepresentations and/or factual errors with respect to the

condition of the Property.

96. The actions taken by Defendants Mustaciuolo, Gluckman, Coyle and DeLuca in

categorizing the conditions of the buildings on the Property as Immediate Emergencies

were abusive, arbitrary and capricious. Any allegations noted on the reports as to the

conditions on the Property that may have been true could easily have been remedied in an

effective and efficient manner without resorting to demolition.

Defendants' Refusal to Comply with the Court Order

97. On December 6, 2007, DePietro's daughter, Kristin DePietro ("Kristin"), brought the

Order to Show Cause and the Stop-Work Order to the Property.

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NYC-WTC 000159381