Document fragment with identification number

NYC 9/11 Public Portal Document

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 fall-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 falling to properly and safely maintain and control the aforementioned area; In neglecting and/or falling 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 falling to properly clear and/or clean sewers In a reasonable, and/or regular, and/or timely manner in the aforementioned neighborhood of debris; In falling to prevent a backup of water during a rainstorm; In falling to properly man related facilities, including but not limited to the Spring Creek [Combined Sewer Overflow] Facility; in falling 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 a reasonable and prudent manner; in creating a hazardous condition; In falling to comply with the appropriate code requirements; In and thereby creating a hazardous and dangerous condition.

4. The items of damage or injuries claimed are:

All claimants suffered serious, significant, and substantial damage to and losses of substantial amounts of personal property. Including but not limited to: boilers, water heaters, furniture, clothing, shoes, cosmetics, toiletries, body and hair care products, beds, bedding.

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NYC-WTC_000159553