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Published on: December 27, 2024

Court allowed late claims against Suffolk County for well water contamination linked to airport operations. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)

by Stephen Bilkis

In a case involving claims of water contamination, the Supreme Court of Suffolk County faced the question of whether to grant a late notice of claim against a public entity. This case centered on residents whose well water was allegedly contaminated due to the County of Suffolk’s operation of Gabreski Airport. The petitioners sought permission to file late notices of claim after learning about the contamination. The court ultimately ruled in favor of the petitioners, allowing them to proceed.

Background Facts

The petitioners were property owners in areas near Gabreski Airport, operated by Suffolk County. On July 22, 2016, the County released a notice warning residents about potential contamination in private wells. The contamination involved toxic chemicals, specifically perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which were reportedly linked to firefighting foam used at the airport.

Published on: December 23, 2024

Court allowed late notice of claim after trip-and-fall injury at school due to timely knowledge. Messick v. Greenwood Lake Union Free Sch. Dist., 84 N.Y.S.3d 215 (N.Y. App. Div. 2018)

by Stephen Bilkis

In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient grounds to justify the late notice. The case provides important insights into the standards courts apply in evaluating late notices of claim under Education Law § 3813 and General Municipal Law § 50-e(5).

Background Facts

The petitioner’s claim stemmed from an incident on December 6, 2015, when she attended her grandson’s basketball game at Greenwood Lake Middle School. While exiting the school, she tripped over unsecured floor mats in the vestibule at the main entrance. The fall caused a displaced fracture in her left femur, requiring hip replacement surgery and additional procedures to address the injury.

Published on: December 18, 2024

Petition to file late notice of claim against NYC denied due to insufficient evidence. Lobos v. City of New York, 219 A.D.3d 720 (N.Y. App. Div. 2023)

by Stephen Bilkis

The case arose from injuries sustained during a car accident allegedly caused by a high-speed police chase. The incident occurred on April 1, 2021. The petitioners were injured in a car accident when their vehicle was struck by a Mercedes that ran a red light. According to the petitioners, the Mercedes was being pursued by NYPD officers in a high-speed chase at the time of the collision. The petitioners were hospitalized following the accident.

While recovering, the petitioners claimed that an unidentified individual affiliated with the NYPD’s “internal affairs” told them about the police chase. They filed a petition on October 21, 2021, to serve a late notice of claim against the City of New York, alleging that the City’s negligence during the police pursuit contributed to their injuries. Along with their petition, they submitted affidavits and a police report. The petitioners argued that the City had actual knowledge of the incident and would not be prejudiced by the late filing.

Question Before the Court

Published on: December 16, 2024

Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)

by Stephen Bilkis

In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used at a county-owned facility. The central issue before the court was whether the petitioners should be permitted to file late notices of claim against Suffolk County under General Municipal Law § 50-e(5).

Background Facts

In July 2016, Suffolk County issued a news release advising property owners near the Gabreski Airport in Southampton that their private wells might be contaminated with toxic chemicals, including PFOS and PFOA. These chemicals were linked to firefighting foam used at the airport, which was owned and operated by the county.

Published on: December 14, 2024

Court allowed a late notice of claim after worker injured in subway explosion. Marando v. City of N.Y., 66 Misc. 3d 1225 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In personal injury cases involving public corporations, filing a timely notice of claim is a mandatory step for initiating a lawsuit. When this timeline is missed, petitioners may seek permission from the court to file a late notice of claim. The case of Marando v. City of N.Y., 66 Misc. 3d 1225 (N.Y. Sup. Ct. 2020) provides a clear illustration of how courts evaluate such petitions.

Background Facts

On September 26, 2018, Domenico Marando, a carpenter employed by Skanska, was working on the renovation of subway walls on the Coney Island-bound N-Line train track. During his work, an electrical explosion occurred, throwing him ten feet and causing injuries to his neck, right shoulder, and left knee. He was immediately transported by ambulance to Maimonides Hospital.

Published on: December 9, 2024

Court allowed § 1983 claims in a prisoner abuse case involving failure to provide adequate medical care. Luckey v. City of N.Y., 991 N.Y.S.2d 34 (N.Y. App. Div. 2014)

by Stephen Bilkis

Prison abuse can occur when inmates are denied necessary medical treatment, leading to severe consequences for their health. Inmates have a right to adequate medical care, and failure to provide it can result in worsening of existing conditions or the development of new, serious health issues. This neglect may be deemed a violation of constitutional rights, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment.

When prison staff fail to provide necessary treatment and act with deliberate indifference, inmates can file a § 1983 claim alleging that their Eighth Amendment rights were violated. This type of claim requires proving that the deprivation of medical care was intentional or recklessly disregarded the inmate’s health needs. Successful § 1983 claims can lead to damages and other remedies, holding correctional facilities and staff accountable for the abuse and ensuring that inmates’ rights are upheld.

In Luckey v. City of N.Y., 991 N.Y.S.2d 34 (N.Y. App. Div. 2014), the court had to determine whether the city, correction officers, and other defendants were liable for alleged medical negligence and constitutional violations that contributed to an inmate’s death.

Published on: November 6, 2024

Pleva v. Cnty. of Suffolk, 222 A.D.3d 795 (N.Y. App. Div. 2023)

by Stephen Bilkis

In a legal action seeking damages for negligence, assault, and battery, the defendants appealed a Suffolk County Supreme Court order dated September 10, 2020. The order denied the defendants’ motion for summary judgment dismissing the causes of action alleging negligence, assault, and battery.

A cause of action for negligence arises when a person breaches their duty to act with reasonable care, resulting in harm or injury to another party. In legal terms, negligence involves the failure to exercise the level of care that a reasonably prudent person would under similar circumstances. To establish a claim of negligence, the plaintiff must demonstrate four key elements: duty, breach of duty, causation, and damages.

On the other hand, a cause of action for assault and battery involves intentional conduct that causes harmful or offensive contact with another person. Assault refers to the threat or attempt to inflict harm, while battery involves actual physical contact. Unlike negligence, which focuses on the failure to exercise reasonable care, assault and battery require intent or intentional conduct on the part of the defendant.

Published on: October 30, 2024

Supreme Court affirmed the denial of summary judgment dismissal in a jail suicide case. Rappaport v. Corr. Med. Care, 159 N.Y.S.3d 205 (N.Y. App. Div. 2021)

by Stephen Bilkis

The case of Adam Rappaport highlights the legal responsibilities of law enforcement and medical providers in ensuring the safety of individuals in custody. Rappaport was found hanging in his cell, which led to a lawsuit against several parties, including Correctional Medical Care, Inc. (CMC) and the Town of Guilderland. The plaintiff, individually and as the administrator of Rappaport’s estate, brought forth claims of negligence, wrongful death, and violations of federal law.

Background Facts

Adam Rappaport had a history of heroin use and was in the process of withdrawing when he was arrested on October 15, 2014. The following day, he was transferred from the custody of the Town of Guilderland to Albany County for detention at the Albany County Correctional Facility (ACCF). Upon his transfer to ACCF, Rappaport underwent a screening process conducted by a nurse employed by Correctional Medical Care, Inc. (CMC). During this screening, the nurse noted Rappaport’s history of heroin abuse, anxiety, depression, and bipolar disorder. Rappaport reported that he had injected two bundles of heroin the day before his arrest and informed the nurse that he had never considered or attempted suicide. Despite his medical history and the fact that he was withdrawing from heroin, Rappaport was placed in the general population rather than being referred to the mental health unit.

Published on: October 28, 2024

Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019)

by Stephen Bilkis

It’s no secret that most prisons in New York are dangerous and there is violence, particularly in the maximum security correctional facilities such as Sing Sing. Prisoners attack each other, leaving serious injuries. While corrections officers are charged with ensuring the safety of inmates, the facility is not always liable when an inmate is seriously injured by another inmate. On the other hand, there are instances in which an the facility can be held liable and required to pay compensation to the injured inmate or their family.

In the case of Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019), the legal proceedings focused on the state’s failure to provide adequate security at Sing Sing Correctional Facility, which led to an inmate’s severe injuries.

Background Facts

Published on: October 2, 2024

Court determined that nursing home violated New York Public Health Law § 2801-d and upheld jury award of $2,500,000 pain and suffering. Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In New York, nursing home residents are protected under Public Health Law § 2801-d, which ensures their right to adequate care and treatment. This law guarantees that residents receive proper healthcare, are treated with dignity and respect, and are free from abuse and neglect. It also protects their personal autonomy, allowing them to participate in decisions about their care and living in a safe and clean environment. Residents are entitled to be informed of their rights, and if these rights are violated, they can seek compensation through legal action. This law holds nursing homes accountable for the care they provide, ensuring the well-being and protection of residents.

Smith v. N. Manhattan Nursing Home, Inc., 70 Misc. 3d 891 (N.Y. Sup. Ct. 2020) is an example where this law played a critical role and highlights the responsibilities of nursing homes under New York law and the potential consequences of failing to meet these obligations.

Background Facts