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HRRV in the Courtroom
Trial Results
Carlson v. Suffolk County Water Authority and the Town of Brookhaven
Supreme Court, Suffolk County
HRRV secures dismissal of complaint for Suffolk County Water Authority
In an apparent case of first impression, careful cross examination by HRRV lawyers of a claimant even during the most routine 50-h hearing can reap the dismissal of a complaint.
In Jeannie Carlson v. Suffolk County Water Authority and the Town of Brookhaven, the plaintiff claimed that she was severely injured when she tripped and fell on a negligently repaired water vault in Rocky Point, New York.
During testimony at the Municipal Law 50-h hearings, both plaintiff and her spouse were shown the Notice of Claim filed on their behalf. Curiously, the executed signatures on the Notice of Claim did not match prior known samples of the claimants’ handwriting. When shown the executed signatures (which were notarized) neither witness could identify their own purported signature. Moreover, further cross examination during he 50-h hearing demonstrated that neither claimant could identify the exact location of the claimed accident rendering the Notice of Claim defective.
After commencement of suit, HRRV lawyers immediately moved for dismissal of the complaint arguing that the Notice of Claim was fraudulently executed and that it failed to specify the location of the accident in compliance with Municipal Law Section 50-h. In a lengthy decision, while the Court acknowledged that the execution of the Notice of Claim was suspicious and highly questionable, the failure of to adequately specify the location of the claimed accident was sufficient in itself to dismiss the complaint.
The Suffolk County Water Authority was represented by Sean P. Dwyer at the 50-h Municipal Hearing.
Prior results do not guarantee a similar outcome
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