Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

Fourteenth Amendments to the Constitution of the United States that they form part ot the

same case or controversy under Article III of the Constitution of the United States.

34. Venue in this Court is proper pursuant to 28 U.S.C. Section 1391(b), since a substantial

portion of the events or omissions giving rise to DePietro's causes of action occurred

within this judicial district, (b) the subject property is located in this judicial district, and

(c) all Defendants do business in the City and State of New York.

35. On March 4, 2008, DePietro served upon the City a Notice of Claim which was served

upon the City within ninety (90) days after the causes of action herein alleged accrued.

36. At least thirty (30) days have elapsed since the Notice of Claim upon which this action is

predicated was presented to the City for adjustment, and the City has neglected and/or

. refused to make adjustment or payment therefor.

37. The City has not demanded an examination of DePietro's claim, as provided under New

York General Municipal Law Section 50-h.

38. This case has been commenced against the City within the period of one (I) year and

ninety (90) days after the cause of action herein alleged accrued.

39. This case has been commenced within the period of three (3) years after the causes of

action herein alleged accrued, and is within the statute of limitations for civil rights

actions under 42 U.S.C. Section 1983.

BRIEF SUMMARY

40. This action is brought for alleged civil rights and constitutional due process and equal

protection violations, damages caused by the wrongful demolition of Plaintiffs buildings

from December 6, 2007 to December 10, 2007, and certain other related intentional and

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