NYC 9/11 Public Portal Document
40. Deny the allegations set forth in paragraph “70” of the complaint, and aver
that on December 5, 2007, New York State Supreme Court Justice Maltese signed an Order to
Show Cause in the case of DePietro v. City of New York, et al.. New York State Supreme Court,
Richmond County, Index No. 80389/07, directing defendants to show cause on December 21,
2007, why an order should not be issued restraining defendants from demolishing the subject
property.
41. Deny the allegations set forth in paragraph “71 ” of the complaint.
42. Deny the allegations set forth in paragraph “72” of the complaint, except
admit that someone brought a copy of the signed Order to Show Cause to the subject property on
December 6, 2007.
43. Deny the allegations set forth in paragraphs “74,“75,” and “76” of the
complaint.
44. Deny the allegations set forth in paragraphs “77,” “78,” and “79” of the
complaint, and aver that the provisions of law cited therein are inapplicable herein and further
deny so much of said allegations as alleges or purports to allege that the demolition of plaintiff’s
property was unlawful or unconstitutional.
45. Deny the allegations set forth in paragraphs “80” and “81” of the complaint.
46. Deny the allegations set forth in paragraph “82” of the complaint, and aver
that the provisions of law cited therein are inapplicable herein and further deny so much of said
allegations as alleges or purports to allege that the demolition of plaintiff’s property was
unlawful or unconstitutional.
Paragraph “73” of the complaint is blank and contains no allegations, therefore. City defendants
have no response to this paragraph; in the event the Court requires a response, City defendants
deny the allegations.
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NYC-WTC_000159405
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