Justice Arthur Diamond
Petitioners homeowners sought leave to file a late notice of claim against Long Island Power Authority (LIPA) asserting they lost their home in Massapequa due to an electrical fire. They argued LIPA’s failure to de-energize the homes in Massapequa caused the fire to their home. Petitioners claimed LIPA had actual notice of their claim as their counsel’s firm filed 17 notice of claims against LIPA for others who lost their homes by fire. They argued Hurricane Sandy was not an unanticipated event, and established protocol was for utilities to de-energize in areas in anticipation of significant flooding. LIPA argued notices of claims against it for residences lost to fire on Rockaway did not give it actual notice of fire damage to petitioners’ home in Massapequa, more than 18 miles away. The court found petitioners failed to offer a reasonable excuse for waiting nearly 9 months after the incident to file a notice of claim, stating ignorance of the statutory requirement was not an acceptable excuse for the delay. Also, bootstrapping notices of claims for fires to homes occurring nearly 20 miles away from petitioners’ could not serve as actual notice to LIPA. Thus, as petitioners’ delay deprived LIPA a chance to conduct a meaningful investigation, the motion was denied.
