Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

108. The City, through its agents, including Defendant Russo, unlawfully began

demolishing the buildings on December 6, 2007.

109. The City, through its agents, including Defendant Russo, unlawfully destroyed or

took possession of DePietro's personal property at the Property, and unlawfully removed

various personal possessions of DePietro’s from the Property.

110. The City, through its agents, including Defendant Russo, unlawfully and maliciously

damaged and/or destroyed DePietro's car, back-hoe, Bobcat, dump-truck, trailers, wood­

chipper, and other equipment and personal property.

111. On December 10, 2007, DePietro received an Urgent Notice from HPD dated

November 27, 2007, informing DePietro that DOB had issued a Declaration of

Emergency with respect to the buildings, and that HPD would proceed to cure the

emergency condition unless HPD was notified by DOB within three (3) business days of

the notification that DePietro would cure the emergency condition. Of course, by

December lO, 2007, the buildings had already been demolished unlawfully.

112. On December 10, 2007, DePietro visited the Property and found workmen with

machinery, in the process of backfilling and grading. DePietro collapsed.

113. Upon information and belief, DOB did not issue a Work Permit authorizing the

demolition until January 15, 2008.

114. On various occasions on December 6, December 7, and December 10, 2007, DePietro

attempted to enforce the Order to Show Cause and the Stop-Work Order and to file police

reports with various police officers and other NYPD employees at the Property and at the

123"* precinct with respect to the above events at the Property, including the unlawful

demolition of the buildings in violation of the Order to Show Cause and the Stop-Work

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NYC-WTC_000159383