Requests 2012

NYC 9/11 Public Portal Document

70. Deny the allegations set forth in paragraph “126” of the complaint, except

admit that plaintiff sent a letter, dated December 17, 2007, to NYPD Police Commissioner

Raymond W. Kelly complaining about the events surrounding the November 2007 demolition of

the subject property.

71. Deny the allegations set forth in paragraph “127” of the complaint.

72. Deny the allegations set forth in paragraph “128” of the complaint, and aver

that the NYPD responded to plaintiffs complaint, in a letter, dated January 8, 2008.

73. Deny the allegations set forth in paragraphs “129” and “130” of the

complaint.

74. Deny the allegations set forth in paragraph “131” of the complaint, and aver

that the NYPD issued a Complaint Report based on a complaint made by plaintiff in April 2008

for a stolen mailbox from the subject premises.

75. In response to paragraph “132” of the complaint, defendants repeat the

responses to the cited paragraphs by reference herein.

76. Neither admit nor deny the allegations set forth in paragraphs “133” and

“134” of the complaint insofar as they set forth legal argument for which no response is required;

in the event that a response is required, deny said allegations; and aver that City defendants did

not violate any of plaintiffs constitutionally-protected rights.

77. Deny the allegations set forth in paragraphs “135,” “136,” “137,” “138,”

“139,” “140,” “141,” “142,” “143,” “144,” “145,” “146,” and “147” of the complaint.^

’ To the extent that plaintiff is now attempting to plead a violation of his substantive due process rights in the Complaint (see Complaint, 132-147), such claims were expressly dismissed by this Court in the decision of the Honorable Sandra L. Townes, dated January 29, 2010, at 20-22, and 26, and cannot be asserted again herein. - 10-

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