Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

such acts with such depraved indifference as to be deemed to have committed such acts

with the full equivalent under the law.

169. Such trespass, injury to property, wrongful demolition and damage, destruction and

conversion of DePictro’s buildings and personal property were carried out by each

Defendant individually, and by all Defendants collectively as co-conspirators, willfully.

maliciously, intentionally, wantonly, and with full knowledge that DePietro's said

constitutional rights,to due process were being egregiously violated as described above.

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 such acts

with such depraved indifference as to be deemed to have committed such acts with the

full equivalent under the law.

170. 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 5; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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

paragraphs 1 though 170 above with the same force and effect as if herein set forth.

172. 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_000159393