Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

144. Asa proximate result of Defendants' violations of DePietro's rights to protection from

unlawful seizure, DePietro has suffered grievous financial, physical and emotional

injuries as described above.

145. Defendants, individually and collectively as co-conspirators, intentionally treated

DePietro differently from all others similarly situated and there is no rational basis for the

difference in treatment, DePietro was subjected to intentional, arbitrary and unjustifiable

discrimination by Defendants in the application, misapplication or non-application of the

well-known and established Unsafe Buildings Procedures.

146. Defendants have thereby deprived DePietro of the equal protection of the laws

guaranteed to him by the Fourteenth Amendment to the United States Constitution.

147. Therefore, DePietro is entitled to recover from all Defendants twenty-five million

dollars ($25,000,000.00) in compensatory damages, and to recover from the Defendants

who are natural persons or corporations (i.e., against all non-City Defendants) punitive

and exemplary damages of twenty-five million dollars ($25,000,000.00), plus interest

from December 6, 2007 and DePietro's costs in this action, including attorneys’ fees.

COUNT 2; CONSPIRACY

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

paragraphs I though 147 above with the same force and effect as if herein set forth.

149. At all relevant times herein, DePietro was guaranteed the constitutional rights against

unlawful seizure and under the due process and equal protection clauses of the

constitutions of the United States and New York State not to be deprived of his

constitutionally protected interests in his property.

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NYC-WTC_000159389