Amended claim list document, undated

NYC 9/11 Public Portal Document

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, faiied to act in a reasonabie 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 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 properly 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

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NYC-WTC_000159566