Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

179. 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.

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

were carried out by each Defendant individually, and by ail 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 DePictro, 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.

181. Defendant City and various City agencies, and in particular members of the NYPD,

have a duty to protect the citizens of New York City from crimes and injuries to their

property.

182. Defendant City, including the City agencies and in particular NYPD members, did

not protect DePietro's property from injury.

183. Therefore, DePietro is entitled to recover from the City and its agencies, including

NYPD, twenty-five million dollars ($25,000,000.00) in compensatory damages, plus

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

fees.

30

NYC-WTC_000159395