Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

WHEREFORE, Plaintiff DePietro respectfully demands a judgment in his favor

against the Defendants, as follows:

1. Upon the First, Second, Third Fourth, Fifth,"Sixth and Seventh Counts:

Awarding to DePietro (a) a judgment against all Defendants other than

SCA, jointly and severally,.in the sum of $25,000,000.00 in

compensatory damages, (b) a judgment against all Defendants other

than the City, jointly and severally, in the sum of $25,000,000.00 as

and for punitive and exemplary damages, (c) a judgment against SCA

for the damages caused by, its negligent construction of the school

across the street from the Property, (d) interest from December 6,

2007, (e) DePietro’.s costs in this action, including attorneys’ fees in

accordance with 42 U.S.C. Section 1988, and (c) the reversal of all

charges billed by Defendants to DiPietro, including the costs of the

demolition, ail real property taxes and water and sewer charges that

have accrued since December 5,2007, and all penalties and fines

assessed by Sanitation, Parks DOH, ECB, ERA or any other City

agency with respect to the Property.

2. Upon the Seventh Count: An order directing the City and its agencies

to cure the water runoff problem at Academy Avenue immediately, by

(a) installing at least two (2) storm drain sewers in the street bed at the

comer of Academy Avenue and Page Avenue abutting the school’s

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NYC-WTC_000159397