Notice of claim against city doesn't change timetable on James Street demolition

Story Created: Dec 23, 2009 at 12:10 PM EST

Story Updated: Dec 23, 2009 at 12:10 PM EST

UTICA, N.Y. (WKTV) - Timothy Klotz's lawsuit against the City of Utica in the fatal James Street fire does not effect the timetable of the building's demolition.

Attorneys for the City of Utica said the notice of claim against the city - which claims firefighter refused to fight the fire at 102 James Street that killed four people - does not stop the clock from counting down to when Klotz - the owner of the building - must demolish the structure.

Earlier this month, Timothy Klotz filed a "notice of claim" against the city of Utica.

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.

City attorneys said Klotz has to have the building down by the end of next month or the city will take it down and bill him.
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