On September 10, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
John Grey,
and
County Of Nassau,
Lisena Anthony,
Our Saviors Lutheran Church,
Town Of Oyster Bay,
for Torts - Other Negligence (Trip & Fall)
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 10/04/2019 03:23 PM INDEX NO. 612404/2019
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2019
EXHIBIT E
FILED: NASSAU COUNTY CLERK 10/04/2019 03:23 PM INDEX NO. 612404/2019
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2019
NOTICE OF CLAIM
-----------------------------------------..---- -------------X
In the Matter of the Claim of
JOHN GREY,
Claimant,
AFFIDAVIT
Index No.: 612404/2019
Date Purchased: 9/10/19
-against-
COUNTY OF NASSAU,
Respondent.
...------------------..-----------------------..--------------X
STATE OF NEW YORK }
}ss:
COUNTY OF NASSAU }
ROBERT S. DUJARDIN, being duly sworn, deposes and says:
1. Your deponent is assigned to the Bureau of Claims and Investigations in the Office of the
Nassau County Attorney. As part of my job duties, I maintain the files containing notices of claim
and notices of defect.
2. I was asked to conduct a search to determine whether the County ofNassau has jurisdiction
and/or prior written notice of a defective condition in connection with the location of claimant's
accident, a sidewalk adjacent to the premises known as 26 Glenwood Road, Glen Head, Town of
Oyster Bay, New York and the sidewalk adjacent to the premises known as 16 Glenwood Road,
Glen Head, Town of Oyster, New York (hereinafter "subject location").
3. In response to this request, I attest that I personally searched the Nassau County Notice of
Claim Files and Notice of Defect Files, which are kept by date and location at the Office of the
Nassau County Attorney located at One West Street, Mineola, New York 11501, and the Nassau
.
FILED: NASSAU COUNTY CLERK 10/04/2019 03:23 PM INDEX NO. 612404/2019
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/04/2019
County clerk's record, maintained by the Office of the Nassau County Clerk and publicly available
through the official Nassau County website, for a period of six (6) years prior to and including
April 24, 2019 (hereinafter "date of loss").
4. As a result of this search, I attest that there were no records of any prior notices of claim or
prior written complaints involving any dangerous or defective conditions at the subject location,
for a period of six (6) years prior to and including the date of loss. Further, I aver that the subject
location is not under the jurisdiction of the County of Nassau, pursuant to the Nassau
Administrative Code 12-4.(c)(1), which shifts jurisdiction over the subject location to the Village
and the Town of Oyster Bay 205-2, which imposes liability on the abutting homeowner for any
injury or damage that results from the failure or negligence in maintaining or repairing the
sidewalk.
ROBERT S. DUJARD
Sworn to before me this
24th
day of ptember, 2019
JOMilJ. n y cc
NotanjPub!In.. State at N3?t Yotic
No. 01HA5050040
ort lra be 0
2