Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

128. DePietro never received a response from Police Commissioner Kelly or Chief

Girimonte.

129. DePietro has also been constantly bombarded by the City agencies with a baffling

array of assessments, penalties and fines relating to the Property by various City

agencies, including (a) substantially increased real estate taxes despite the fact that the

buildings no longer exist, and (b) water and sewer charges despite the fact that there is no

water and sewer service to the Property.

130. As a result of the foregoing, DePietro has suffered grievous injuries, financially,

physically and emotionally. The above events have severely impacted DePietro's

physical condition, including (a) causing him to experience chronic thoracic and

abdominal pain, (b) aggravating his esophogeal achalasia condition and digestive

disorders, (c) causing him to become sexually impotent, (d) causing him to suffer sleep

deprivation, and (e) generally making it difficult for him to function normally. In

addition, since the events described above, DePietro continually suffers pain from various

psychological and emotional conditions, including paranoia, depression and anxiety.

131. Ironically, and sadly, on April 23, 2008, Police Officer Miller of the 123'' precinct

issued a police report with respect to the theft of DePietro's mailbox and mailbox post

from the Property.

COUNT 1: VIOLATION OF 42 U.S.C. SECTION 1983 (Unlawful Seizure, Due Process and Equal Protection Clauses of the Fourth, Fifth and Fourteenth Amendments)

132. DePietro repeats and realleges and incorporates by reference the allegations in

paragraphs I though 131 above with the same force and effect as if herein set forth.

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NYC-WTC 000159386