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Premises Liability/Personal Injury
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In D'Ancona v. Town of Islip, Supreme Court, Suffolk County, the plaintiff claimed that she suffered severe and permanent knee injury requiring extensive surgery and preventing her from returning to work when slipped and fell as the result of a wet floor at Islip/McArthur Airport. Approximately one year after the alleged incident, plaintiff filed a motion seeking permission to file a late Notice of Claim. Although such requests are liberally granted, after an investigation was conducted, the Town of Islip determined that it never received any notice of the incident and the Town employees, who plaintiff claimed witnessed the accident, could not recall the incident having occurred. Accordingly, we were instructed to oppose the motion. The Court agreed with the Town of Islip's position and found that petitioner failed to set forth a reasonable excuse for the delay in filing a Notice of Claim, that the Town never received notice of the claim and that the Town was prejudiced by the delay and deprived of an opportunity to investigate the claim since the Town employees who allegedly witnessed the incident could not recall the incident having occurred.
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