Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

156. This claim, arising out of the same facts and circumstances as the federal claims

herein and thus part of the same case or controversy as the federal claims, is asserted

under the supplemental jurisdiction of this Court.

157. Article 1, Section 6 of the Constitution of the State of New York provides that no

"person shall be deprived of life, liberty or property without due process of law.”

158. As described above, the Defendants’ actions and inactions were in violation of Article

1, Section 6 of the Constitution of the State of New York.

159. As a result, DePictro has been deprived of the buildings on the Property and valuable

personal property.

160. Therefore, DePietro is entitled to recover from ail 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 4; TRESPASS, INJURY TO PROPERTY, WRONGFUL DEMOLITION AND CONVERSION

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

paragraphs 1 though 160 above with the same force and effect as if herein set forth.

162. This claim, arising out of the same facts and circumstances as the federal claims

herein and thus part of the same case or controversy as the federal claims, is asserted

under the supplemental jurisdiction of this Court.

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NYC-WTC_000159391