Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

163. At ail relevant times, DePietro owned and possessed the Property and personal

property located at the Property to the exclusion of rights of all others, including the

Defendants.

164. As described above. Defendants, individually and collectively as co-conspirators, in

violation of the Unsafe Buildings Procedures and without a validly obtained court

precept, unlawfully broke into and entered upon the Property.

165. In the course of and in the furtherance of such trespass upon the Property, Defendants

committed a wrongful demolition of the buildings, cut down trees on the Property and

damaged, destroyed and/or removed DePietro’s personal property.

166. Furthermore, the water runoff damage caused by the negligent planning and

construction of the school across the street from the Property and the related actions of

the SCA and DOT and other City agencies involved in planning and construction for

schools and roads, constitute an ongoing trespass and nuisance with respect to the

Property.

167. In addition, prior to the demolition of the buildings on the Property, DePietro had a

substantial amount of valuable personal property on the Property, including a back-hoe, a

Bobcat, a dump-truck, trailers, a wood-chipper, furniture, appliances, building materials.

supplies, tools, equipment, clothing and personal documents.

168. In the course of the demolition of the buildings. Defendants intentionally, willfully

and wantonly, destroyed, damaged and/or removed all DePietro’s personal property from

the Property. To the extent that, hypothetically, any Defendant may allege and be able to

prove lack of actual intent to harm DePietro, such Defendant would have then committed

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NYC-WTC_000159392