Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

negligent actions and inactions alleged herein.

BACKGROUND

41. DePietro acquired the Property in 1995. The Property is situated at the comer of Page

Avenue and Academy Avenue, in Richmond County.

42. DePietro intended to substantially renovate the Property and to reside there with his

family.

43. DePietro stayed at the Property for approximately two to three days per week prior to the

demolition of the buildings on the Property in December 2007, as described below.

44. From 1995 to 2007 DePietro expended a substantial amount of money, time and effort in

renovating the Property, including hiring architects to produce detailed renovation plans.

45; Until December 6, 2007, the Property contained four (4) structures that were connected:

the main house, the Florida room, a two-car garage and a single-car garage.

46. In or about the latter part of the 1990s, the SCA began construction of a public school on

several lots along Page Avenue extending from Academy Avenue to Bartow Avenue.

47. Upon infomiation and belief, prior to construction of the public school, SCA engaged

consultants to investigate the potential environmental impact of the school construction

project on the community.

48. Upon information and belief, the construction plans for the school and for the roads

adjacent to the school were made and reviewed by various authorities and agencies,

including Education, SCA, Planning, DDC and/or DEP.

49. As part of the construction of the public school, SCA, DEP, DDC and/or DOT placed two

storm drain sewers in the street bed at the comer of Page Avenue and Bartow Avenue

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NYC-WTC_000159373