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 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 DePictro, such Defendant would have then committed such acts with such depraved indifference to DePictro'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.

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NYC-WTC 000159395