Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

173. As described above, the conspiracy, trespass, wrongful demolition and conversion

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.

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 to DePietro's constitutional rights under the Fourteenth

Amendment and the Unsafe Buildings Procedures as to be deemed to have committed

such acts with the full equivalent under the law.

174. As described above, Defendants’ actions and inactions were extreme and outrageous.

175. As described above. Defendants’ actions and inactions caused DePietro to suffer

severe emotional distress.

176. As described above. Defendants’ actions and inactions were the direct and proximate

cause of DePietro’s emotional distress.

177. 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,Him .00), plus interest

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

COUNT 6; FAILURE TO PROTECT

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

paragraphs I though 177 above with the same force and effect as if herein set forth.

29

NYC-WTC_000159394