NYC 9/11 Public Portal Document
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 falling 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 failing to act as reasonable
and prudent persons would have acted under the circumstances
then and there existing; In falling to properly maintain and/or repair
the above-identified location and surrounding areas in a safe and
proper condition; In falling 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
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 failing 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
4
NYC-WTC_000159552
OCR can misread numbers and units. Confirm readings against the page image before using them.