NYC 9/11 Public Portal Document
causing the existence of mold in claimant’s homes and residences;
in exposing claimants to harmful pathogens, bacteria, and other
hazardous and unknown substances; in failing to give any warning
of the hazardous condition. Said conduct, by permitting and
allowing the above-identified dangerous condition to exist, thereby
creating a hazardous and dangerous condition, and falling to
repair, maintain, and control, shows a complete disregard for the
safety and well-being of claimants.
Respondents had at least constructive notice of said condition but
permitted same to remain uncorrected. Respondents had actual
notice of said condition but permitted same to remain uncorrected.
Respondents had prior written notice of said condition.
Respondents caused and created the condition. Respondents
knew the weather report called for significant rainfall, but failed to
take any action at any reasonable time prior to the flood to prevent
flooding, failed to man relevant and crucial facilities; failed to
implement any type of fail-safe procedure at relevant and crucial
facilities, although duly had ample opportunity to do so, thus
creating the defective and hazardous condition.
That the negligence of respondents consisted of failing to properly
and safely maintain and control the aforementioned area; in
neglecting and/or failing to properly maintain, inspect, and/or
repair the infrastructure of the aforementioned sewer and/or
drainage system in the aforementioned neighborhood, and
thereby causing the resulting flood and creating the condition
complained of; in failing to properly clear and/or clean sewers in a
reasonable, and/or regular, and/or timely manner in the
aforementioned neighborhood of debris; in failing to prevent a
backup of water during a rainstorm; in failing to property man
related facilities, including but not limited to the Spring Creek
[Combined Sewer Overflow] Facility; In failing to properly maintain,
control, manage, and/or repair that and/or other facilities.
Including but not limited to the Spring Creek [Combined Sewer
Overflow] Facility; in allowing Improperly and Incorrectly pitched
catch basins to remain in a defective, inadequate, and ineffective
condition; In allowing and permitting a failure to occur at a related
sewer overflow facility, causing sewers to back up into claimants'
homes; in failing to properly and timely upgrade and/or maintain
the subject sewer system; In falling to properly clean sewer grates
and/or allowing garbage and debris to accumulate in same; in
negligently relying on computer action rather than human action;
in causing and permitting a dangerous condition; In falling to act in
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NYC-WTC_000159482
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