NYC 9/11 Public Portal Document
Because of the negligence of respondents, claimants were caused
to endure large amounts of water within their homes and/or
garages, ranging from several Inches to several feet, destroying and
damaging massive amounts of property, and causing massive
amounts of damage to the homes themselves, requiring repair,
demolition, replacement, cleaning and mold removal, among
other things. Further, the property values of respondents' homes are
believed to have decreased dramatically due to this flood resulting
from the negligence of the respondents.
Respondents created, caused, and allowed a dangerous and
hazardous condition to exist and persist. That the negligence of
respondents consisted of failing to properly and safely maintain and
control the aforementioned sewer and/or drainage system; in
allowing the existence of a condition which was known or should
have been known to cause damage or destruction of property, or
be inherently dangerous and/or hazardous; In allowing a condition
to exist that posed a risk to the citizens and residents of the
aforementioned neighborhood; in allowing the sewer and/or
draining system to remain in a defective state and/or condition; in
causing and permitting a dangerous condition; in failing to act in a
reasonable and prudent manner; in creating a condition which
caused claimants to be damaged; in negligently maintaining
and/or repairing said sewer and/or drainage system, or in failing to
entirely; in negligently inspecting said sewer and/or drainage
system, or in failing to entirely; in failing to give any warning of the
impending flood; in failing to properly prevent the subject flood.
Said incident was the result of the negligence and carelessness of
the respondents herein, their agents, servants, and/or employees, in
disregarding their duty to maintain the sewer and/or drainage
system in a safe and proper manner; in falling to act as reasonable
and prudent persons would have acted under the circumstances
then and there existing; in failing to properly maintain and/or repair
the above-identified location and surrounding areas in a safe and
proper condition; in failing to properly inspect the above-Identified
location; in permitting said area and surrounding areas to become
dangerous and defective as described above, thus creating a
dangerous and hazardous condition that caused significant losses;
in undertaking to act and in so acting, failed to act in a reasonable
and prudent manner; in creating a condition which caused
claimants to lose significant amounts of personal property and suffer
significant amounts of damage to real and structural property; in
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NYC-WTC_000159481
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