Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

150. In addition, as described above, DePietro was granted an Order to Show Cause and

Stop Work Order by Judge Maltese, which were served on DOB and on various

individuals at the Property on December 6, 2007, but which were ignored in a manner

that forces the conclusion that a conspiracy among (he Defendants.

151. Furthermore, the inaction of the NYPD officers and employees with respect to their

refusal (a) to enforce the court orders to halt the demolition project, and (b) to issue

police reports indicates that the NYPD officers and employees were co-conspirators.

152. As described above, the Defendants unlawfully conspired to intentionally, willfully

and arbitrarily plan to violate his constitutionally protected rights and unlawfully

demolish the Property and trespass upon the Property.

153. Therefore, the Defendants are in violation of the common law tort of conspiracy.

154. 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; ,000.00), plus interest

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

COUNT 3; VIOLATION OF ARTICLE 1, SECTION 6 OF THE NEW YORK STATE CONSTITUTION

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

paragraphs 1 though 154 above with the same force and effect as if herein set forth.

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