Legal letter regarding premises liability case, January 2012

NYC 9/11 Public Portal Document

abutting the school's property, but negligently did not install any storm drain sewers in

the street bed at the corner of Page Avenue and Academy Avenue. Instead, SCA, DEP,

UDC and/or DOT placed in the street bed at the comer of Page Avenue and Academy

Avenue a catch basin that was not connected to the City's sewer system, which only made

the water runoff problem worse for DePietro's Property.

50. Throughout the period of the construction of the public school, and thereafter, water

continually ran off from the public school onto the Property. This condition continues to

this day.

51. The water runoff is a trespass and nuisance with respect to the Property.

52. The water runoff caused, and continues to cause, damage to the Property, including the

land, the buildings, and personal property located on the Property. The water runoff

continues to this day.

53. Because of the water damage, DePietro was forced to reconsider his plans to make the

Property the primary residence for his family.

54. On numerous occasions, DePietro complained to the public school and various City

agencies, including the SCA and Education, and various commissioners, regarding the

water runoff, but his complaints were ignored.

55. Various City agencies, including DOT and SCA, installed a swale on Academy Avenue

near Page Avenue to divert the excess water from the school, and aimed the excess water

directly at the Property. At the end of the swale, they installed several large seepage

holding tanks which were approximately eight (8) feet from DePietro's basement, causing

flooding to occur constantly in the main house building and underground. The conditions

described still exist today although the buildings have been demolished.

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NYC-WTC 000159374