As he was approaching his boat, Carlo Giarraffa stepped into a dirt-covered sinkhole and was injured. When he later filed suit, the town of Babylon claimed that because it hadn't received any prior written notice of the problem that it was free of any liability.
While the Town Supervisor was in receipt of a letter detailing an "erosion problem," Babylon argued that correspondence didn't satisfy the written-notice requirement imposed by local law. Apparently, to be effective, the document had to be delivered to the Town Clerk, or the Commissioner of the Department of Public Works.
But since that notice requirement only applied to boardwalks or sidewalks, and not to the area where the Giarraffa fell, both the Suffolk County Supreme Court and the Appellate Division, Second Department, agreed that the case could continue.
They sure stuck their necks out there.
To view a copy of the Appellate Division's decision, please use this link: Giarraffa v. Town of Babylon