November 15, 2023 / By mobanmarket
BAY SHORE, NY — A Bay Shore resident filed a notice of claim against the Town of Islip last week to recover monetary damages, after a car crashed into her yard in August — an incident that she said she believes could have been prevented.
An attorney for Mirabel Millan, owner of the East Forks Road home, filed the claim on Oct. 24, alleging that the total amount of damages is estimated to be $12,200, according to documents obtained by Patch.
General Municipal Law Section 50-e does not permit individuals to set forth a specified financial amount of property damage against municipalities.
On Aug. 27, at about 3:05 a.m., a vehicle struck a fence and trees outside the residence, located on a dead-end street; the driver then fled on foot, police said.
Alberto Millan, Millan’s son, and his girlfriend told News 12 they were feeding their newborn twins inside the home at the time, and witnessed two men come out of the car.
According to the claim, the crash damaged two paver-raised flower beds, three 8-foot tall pine trees, a Japanese maple tree, a 12-foot by 12-foot patio, a fire pit, three areas of the fence(s), poles, two walls, multiple large ceramic flower pots, patio table, and a chair.
Ian Bergstrom, Millan’s attorney, told Patch that his client had requested multiple times that the town’s department of public works install a guardrail on the street, to prevent such a crash from happening.
“The Town of Islip arbitrarily, neglectfully, and gross negligently refused to comply with the requested guardrail installation,” the claim said.
Bergstrom also said that the town failed to record her requests. Bergstrom told Patch that he used the Freedom of Information Act (FOIL) to ask for of a copy of Millan’s documented requests from the town.
The town responded, showing that “no documents were found” after a diligent search, Bergstrom said.
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“Town of Islip employees do not have a legitimate process recording requests for installation of guardrails to protect residential properties within the Town of Islip and hamlet of Bay Shore,” the claim said.
State Senator Monica Martinez (D) wrote a letter addressed to Islip Town Supervisor Angie Carpenter and the town, asking the department of public works to look into the matter; the letter was included in the claim.
“I know the department of public works and the Town of Islip are committed to maintaining the well-being and safety of our town, and your leadership is crucial in ensuring this situation is effectively addressed, thereby contributing to a safer environment for Bay Shore residents,” Martinez said.
A representative for Town of Islip told Patch they could not comment on pending litigation, due to town policy.
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