Another lawsuit vs. Oyster Bay from ex-owner of demolished, Sandy-damaged home
Doina Almazon stands Thursday in front of the empty lot at 27 Grape Lane in Hicksville where her Superstorm Sandy-damaged home sat before the town razed it. Credit: Howard Schnapp
A former Hicksville homeowner whose house the Town of Oyster Bay demolished in 2022, years after Superstorm Sandy damaged the residence, has filed a lawsuit in state court against the municipality alleging the knockdown violated town code and caused her financial and mental distress.
“It’s horrible what they did to me,” Doina Almazon, 59, of Plainview, said in an interview.
The latest litigation, filed in September in State Supreme Court in Mineola, follows a federal lawsuit Almazon brought in June against Oyster Bay alleging the demolition was illegal and violated her constitutional rights. That case remains ongoing, with a judge having ordered the parties to notify the court by Dec. 1 if they intend to settle the case.
The retired state court employee is representing herself in both matters.
Almazon had to leave her home in 2013 following Sandy damage and as disputes over insurance money and repairs left renovations unfinished.
In 2017, Oyster Bay adopted a new code allowing town officials to demolish homes deemed to be nuisances after obtaining a court order.
A state judge gave Almazon about four months in 2022 to bring her house up to code or face demolition. The town razed her former home at 27 Grape Lane on June 30, 2022.
She previously battled the town, contractors, insurance companies and her former mortgage lender in court in an unsuccessful effort to save the home.
In the state court case, Almazon wants $1.5 million from the town for allegedly causing her mental anguish and to compensate her for the loss of her former home.
Her federal lawsuit initially sought $4 million from the town and $3 million from her former mortgage holder, JPMorgan Chase. Almazon has since agreed to drop the mortgage company from the federal case, saying she is hoping for an out-of-court settlement. The company declined to comment.
"We have compassion for the former homeowner but cannot ignore the fact that the State Supreme Court permitted the demolition of this house after finding its dangerous and unsafe condition to be a nuisance,” Brian Nevin, a spokesman for Oyster Bay, said of Almazon's latest lawsuit.
Nevin said he expects the state court to “reject this frivolous lawsuit and sick attempt to rip off taxpayers.”
Court records show after Almazon filed the state complaint in September, the town responded about a month later with 793 pages of exhibits.
Almazon called the town’s filing “a joke,” adding that the exhibits have “nothing to do with this case" and were mostly from previous cases she filed.
“The Defendants do not even attempt to refute the Plaintiff's foundational claim, that they violated Town Code to demolish the Plaintiff's home,” Almazon wrote in a Nov. 8 court filing.
The plaintiff said she's aiming for the latest court case to “set a precedent” for other homeowners who also may feel the town illegally demolished their homes after Sandy.
A former Hicksville homeowner whose house the Town of Oyster Bay demolished in 2022, years after Superstorm Sandy damaged the residence, has filed a lawsuit in state court against the municipality alleging the knockdown violated town code and caused her financial and mental distress.
“It’s horrible what they did to me,” Doina Almazon, 59, of Plainview, said in an interview.
The latest litigation, filed in September in State Supreme Court in Mineola, follows a federal lawsuit Almazon brought in June against Oyster Bay alleging the demolition was illegal and violated her constitutional rights. That case remains ongoing, with a judge having ordered the parties to notify the court by Dec. 1 if they intend to settle the case.
The retired state court employee is representing herself in both matters.
Almazon had to leave her home in 2013 following Sandy damage and as disputes over insurance money and repairs left renovations unfinished.
In 2017, Oyster Bay adopted a new code allowing town officials to demolish homes deemed to be nuisances after obtaining a court order.
A state judge gave Almazon about four months in 2022 to bring her house up to code or face demolition. The town razed her former home at 27 Grape Lane on June 30, 2022.
She previously battled the town, contractors, insurance companies and her former mortgage lender in court in an unsuccessful effort to save the home.
In the state court case, Almazon wants $1.5 million from the town for allegedly causing her mental anguish and to compensate her for the loss of her former home.
Her federal lawsuit initially sought $4 million from the town and $3 million from her former mortgage holder, JPMorgan Chase. Almazon has since agreed to drop the mortgage company from the federal case, saying she is hoping for an out-of-court settlement. The company declined to comment.
"We have compassion for the former homeowner but cannot ignore the fact that the State Supreme Court permitted the demolition of this house after finding its dangerous and unsafe condition to be a nuisance,” Brian Nevin, a spokesman for Oyster Bay, said of Almazon's latest lawsuit.
Nevin said he expects the state court to “reject this frivolous lawsuit and sick attempt to rip off taxpayers.”
Court records show after Almazon filed the state complaint in September, the town responded about a month later with 793 pages of exhibits.
Almazon called the town’s filing “a joke,” adding that the exhibits have “nothing to do with this case" and were mostly from previous cases she filed.
“The Defendants do not even attempt to refute the Plaintiff's foundational claim, that they violated Town Code to demolish the Plaintiff's home,” Almazon wrote in a Nov. 8 court filing.
The plaintiff said she's aiming for the latest court case to “set a precedent” for other homeowners who also may feel the town illegally demolished their homes after Sandy.
TIMELINE
2013 - Lingering damage from Superstorm Sandy displaces Doina Almazon from her house.
2013 - Almazon's mortgage company, JPMorgan Chase, begins foreclosure proceedings.
2015 - Almazon sues insurance company over Sandy claim.
2017 - Oyster Bay passes law for demolition, with a court order, of houses found unsafe or abandoned.
2017 - Court grants JPMorgan Chase order to foreclose on Almazon’s house; Almazon begins appeals.
2020 - Almazon sues contractor over Sandy repairs.
2021 - Oyster Bay sues Almazon for failure to maintain her home.
2022 - Oyster Bay demolishes the house.
2023 - Almazon sues town and JPMorgan Chase in federal court.
2023 - Almazon sues town in state court, drops JPMorgan Chase from federal case.
SOURCES: Court filings, town records
Judge delays Trump sentencing ... Holiday travel forecast ... Navigating politics over Thanksgiving ... FeedMe: Holiday pies ... Get the latest news and more great videos at NewsdayTV
Judge delays Trump sentencing ... Holiday travel forecast ... Navigating politics over Thanksgiving ... FeedMe: Holiday pies ... Get the latest news and more great videos at NewsdayTV
