Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

30. Defendant EUGENE McARDLE is, upon information and belief. Director of HPD.

Upon information and belief, he is a resident of the City and State of New York and his

place of business is c/o New York City Department of Housing Preservation and

Development, 100 Gold St., New York, NY 10038.

31. Defendants JOHN DOE 1 THROUGH 25 are fictitious names intended to designate other

employees and agents of the Defendants and city agencies named herein whose names

are not currently known, but who participated by their actions and/or inactions in the

wrongful conduct alleged in this Complaint.

JURISDICTION AND VENUE

32. This Court has jurisdiction of this action by virtue of 28 U.S.C. Sections 1343 and 1331

on the grounds that it is based on a deprivation under color of state law of DePietro's-

constitutional rights guaranteed by the Fourth, Fifth and Fourteenth Amendments to the

Constitution of the United States and the violations of DePietro's civil rights under 42

U.S.C, Sections 1983 and 1986.

33. This Court has supplemental jurisdiction pursuant to Rule 18(a) of the Federal Rules of

Civil Procedure and 28 U.S.C. Section 1367 to hear DePietro's claims for (a) wrongful

demolition, wrongful eviction, trespass, conversion, conspiracy and intentional infliction

of emotional distress, (b) violations of Article I Section 6 of the Constitution of the State

of New York and (c) violations of Chapter 6 of the New York City Administrative Code

(“Administrative Code”),' because these claims are so related to the violations of

DePietro's civil rights under 42 U.S.C. Sections 1983 and 1986 and the Fourth, Fifth and

' All references herein to the Administrative Code arc to the Administrative Code in force as of December 6. 2007.

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NYC-WTC_000159371