Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

COUNT 7: NEGLIGENCE

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

paragraphs t though 183 above with the same force and effect as if herein set forth.

185. 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. Defendants' actions and inactions in

constructing the public school in close proximity to the Property without proper drainage

facilities were negligent, reckless and careless.

186. As a result of the ensuing and continuing water runoff, the Property was damaged.

187. In addition, in conducting the demolition of the buildings on the Property, Defendants

had a duty to minimize the damage to DePietro's property.

188. Defendants' actions and inactions, in (a) misrepresenting the conditions on the

Property, (b) failing to consider alternative remedies, (c) failing to take all reasonable

safety precautions, (d) ignoring and/or disregarding the Order to Show Cause and the

Stop-Work Order, (e) hastening demolition work to avoid judicial intervention, and (f)

failing to adequately protect DePietro's property, were negligent, reckless and careless.

189. As a result, DePietro has been deprived of the buildings on the Property and his

valuable personal property.

190. 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.

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NYC-WTC 000159396