James Street landlord claims firefighters refused to fight fire; Fire Chief calls claims "beyond belief"
Story Created:
Dec 15, 2009 at 3:44 PM EDT
Story Updated:
Dec 15, 2009 at 7:10 PM EDT
UTICA, N.Y. (WKTV) - Timothy Klotz, owner of 102 James Street - a multi-dwelling home that burned September 20 in Utica - has filed a notice of claim against the city.
According to the document filed, Klotz's claim is for loss of property and rental income, demolition costs, defamation of character, negligence, pain and suffering, medical bills, and a violation of his Federal and New York State Constitutional rights.
Also in the claim, Klotz states Utica Fire Chief Russell Brooks failed and refused to take necessary and appropriate action to fight a fire at his James Street property. The claim goes on to state the fire department made no attempt to rescue tenants in the burning building.
The fire killed four of Klotz's tenants.
The claim states that following the fire, the Utica Fire Department issued false and defaming statements to the media about Klotz's character and the manner in which he maintained his properties.
A notice of claim is the first step in the process of suing a city or municipality, said City of Utica Corporation Council Linda Fatata.
City of Utica Fire Chief Russell Brooks, said the claims are beyond belief.
"I can assure you the Utica Fire Department fought that fire just as they did every other fire they respond to," Chief Brooks said. "The same command team and the same firefighters were at that fire that were credited with saving the brewery, some of the same firefighters were at that fire that actually worked at ground zero. No one holds back."
The notice of claim does not mention the damages that Klotz is seeking.
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