In Schutz-Prepscius v. Incorporated Village of Port Jefferson , Carol Schutz-Prepscius tripped on a sidewalk which ran along Maria Maldonado's property at 1523 Main Street in Port Jefferson. Maldonado claimed that the sidewalk was dangerously defective due to the roots of a large tree, which had elevated parts of the sidewalk.
The Town Code allows a nuisance case to be filed when the Village Clerk is given notice of the defective condition prior to the injury. Although the Clerk had no record of the sidewalk's condition, Maldonado claimed she called the Village Planner before the accident and was instructed to notify the Village Parks Department of the condition. (Maldonado supposedly did so.)
When the Suffolk County Supreme Court denied the Village's request to dismiss the case, it appealed to the Appellate Division, Second Department.
The AD2 affirmed the outcome because Maldonado's contact with the Village Parks Department -- as directed by the Village Planner -- may have eliminated the need for written notice to the Village Clerk.
Is there no estopping Maldonado now?
For a copy of the Appellate Division's decision, please use this link: Schutz-Prepscius v. Incorporated Village of Port Jefferson