006
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
JOAN F. GARRETT"
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
A TTORNEYS AND COUNSELORS AT LAW
] ]36 ROUTE 9
W APPINGERS FALLS, NEW YORK] 2590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
MARIA L. JONES
SANDRA A. OAKLEY
CLOSING COORDINATOR
SUSAN E. CAFFrNE
KEVrN T McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO*"
JAMES P. HORAN"*
LISA M. COBB
www.vsrp.com
e-mail: info@vsrp.com
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POUGHKEEPSIE OFFICE
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NEWBURGH, NY 12550
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November 4, 2008
Hon Christopher J. Colsey, Supervisor
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
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Hon. John C. Masterson, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Notices of Claim
Brian Hugh Donahue
Dear Chris and Chris:
Both of you forwarded me a copy of the Notice of Claim served by Brian Hugh Donahue
against the Town. The standard procedure upon receipt of a Notice of Claim should be
as follows:
1. The Notice of Claim should be forwarded immediately to the Town's insurance
agent (Marshall & Sterling - Jack Peluse); the cover memo should be copied to
the Town Board and me;
2. Town Clerk should maintain a separate folder, by year, of all Notices of Claims
that have been served upon the Town; and
3. As a general rule, no formal response is required to a Notice of Claim.
0:\ Wappinger\Town Board\ I-GeneraITB\2008\] 02008 Itr re Notice of Claim.doc
Notices of Claim are served for various reasons:
· Negligence - i.e., Town owed automobile is in a vehicular accident;
· A person is injured on Town property;
· A person is injured at a Town event, etc.
Notices of Claim are also served for monies allegedly due by the Town to a contractor.
Contractual disputes are almost invariably never covered by liability insurance.
The important thing to remember is that the Town Board should be notified and all
interested persons should know that the insurance company was provided with a copy
of the Notice of Claim. If there are any further questions, please contact me.
Very truly yours,
VERGILIS, STENGER, ROBERTS, & DA VIS, LLP
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ALBERT P. ROBERTS
APR/jm
O:\Wappinger\Town Board\1-GeneraITB\2008\102008ltr re Notice of Claim. doc