NHP residents suing county over flooding

Richard Tedesco

Despite a Town of North Hempstead plan to relieve recurrent flooding,  Allen Street residents are proceeding with a lawsuit against Nassau County for damages they sustained at their New Hyde Park homes in a 2009 flood.

“We’re going to trial against the county on the issue of whether they maintained the system adequately. The municipality has a responsibility to maintain the drainage system,”  said lawyer William DiConza, who represents the Allen Street residents.

Allen Street residents said the county drainage system is insufficient to handle runoff during heavy rainstorms. In the 2009 flood, several feet of water damaged the foundation of one house on the street.

DiConza said he’s seeking to settle the case for monetary damages on behalf of plaintiff Nicholas Carbonero and two other Allen Street families who are not named in the suit.

“Hopefully we’ll reach a settlement,” DiConza said, adding that he has initiated settlement talks with the county.

Meanwhile, DiConza said jury selection is scheduled for Sept. 23 in the appellate division of Nassau County Supreme Court. 

Allen Street residents had sued both the town and the county after the 2009 flood.

The charges against both were initially dismissed in March 2011. 

The court ruled at the time that “municipalities are not liable for defects, errors or want of judgment in devising a plan” for a sewer system. 

But in an appeal DiConza filed last July, permitted the case against the county to move forward while exempting the town.

The court said the county “submitted no evidence as to the inspection or maintenance of the storm water drainage basin” around the time of the 2009 flood. The county, the court said, failed to establish the flood was unrelated to “maintenance problems.”

The Town of North Hempstead Department of Public Works has plans in place to relieve recurrent flooding on Allen Street and Brian Street, which is adjacent to Allen Street.

“We’re installing a new pipe that will connect into the county system. It will improve the drainage system,” town Public Works Commissioner, Paul DiMaria said.

DiMaria said the town completed an engineering study on the project six months ago and held meetings with the Nassau County Department of Public Works to review its plans. 

A new 24-inch drainage pipeline will be placed at the north end of Brian Street and continue west through a drainage ditch on Denton Elementary School property to Allen Street before connecting  to county drainage pipes on Denton Avenue.

“It took us a while to figure out what to do. We had good cooperation with the county,” DiMaria said.  

DiMaria said the town hopes to start construction on the project during the summer and finish the work by the end of the year.

The town board authorized agreements with the county and the Herricks School District to permit the town to work on the drainage system at its May 14 meeting.

DiConza said he is pleased the town is taking action to remedy the problem, which he said has existed for more than 50 years.

“The problem goes back to 1960. There are memos to that effect. Now it’s being addressed,” he said. [The residents] really wanted to know they can sleep at night and when it rains, their homes won’t be flooded.”


Share this Article