Brookhaven failed to fix collapsed sump that destroyed Port Jefferson Station home, notice of claim says

A notice of claim filed against the Town of Brookhaven on behalf of a family alleges their Port Jefferson Station home was destroyed because the town didn't fix a neighboring sump that then failed during an August storm with extreme rainfall.

The notice, required before litigation involving municipalities, was filed on Friday in anticipation of an $11 million lawsuit against the town, according to documents.

The family's attorney, John Ray, of Miller Place, has scheduled a news conference Tuesday to discuss the planned lawsuit.

The town did not respond to an inquiry seeking comment.

On Monday, Ray said in a statement that Steven Abrams, identified by the attorney as an NYPD officer, awoke Aug. 19 to find his home in a condition as if it had been "struck by an earthquake." Sections of his backyard had slid into the adjacent town sump overnight and his pool and house "were warped as the rest of the property moved toward the sump."

According to the notice of claim, the town had previously installed a "drainage line of pipe" under the family's Miller Avenue property. The notice said on July 13, Abrams had notified the town through email and voicemail messages that the pipe had breached. 

The notice claims on July 14, the sump that adjoins the Abrams property collapsed.

In a message to the town, the notice of claim asserts, Abrams said trees from his property had fallen into the sump and that he was "very concerned" for the safety of his children. 

The notice asserts in the weeks that followed, a Brookhaven Highway Department deputy surveyed the site, assured Abrams the town was responsible for the sump, would fix the damage and that his home was safe.

When a further collapse occurred on July 17 and 18, the notice of claim asserts, Abrams again spoke to that unnamed employee and was assured the town was devising a plan to deal with the sump. 

A "makeshift" repair did not hold, the claim alleges, and on Aug. 19 the official took photos and said a neighboring home was "unsafe for occupancy." The storm began the evening of Aug. 18 and more than10 inches of rain fell overnight on parts of northern Suffolk.

The notice claims by the time town Superintendent of Highways Daniel P. Losquadro arrived at the home at about 1 p.m. on Aug. 19, emergency measures were required and that he advised Abrams to file "an insurance claim and a Notice of Claim" with the town.

By that point, according to the notice of claim, the home was destroyed, with the basement foundation cracked and severe damage throughout. The family was later forced to abandon the home, according to the notice, with the town offering Abrams $4,000 for temporary living quarters as the lone offered remedy.

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”