015
GERALD A. VERGILIS*
KENNETH M. STENGER
AI-BERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARREIT**
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
WWW.vsrp.com
e-mail: info@vsrp.com
CLOSING COORDINATOR:
MARIA JONES
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEF AZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 12601
(845) 452- 1046
NEWBURGH OFFICE
372 FULLERTON AVENUE
NEWBURGH, NY 12550
(845) 567-3783
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IN NY & FLA.
"ADMITTED TO PRACTICE
IN NY & CONN.
... ADMITTED TO PRACTICE
IN NY & NJ
....ADMITTED TO PRACTICE
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May 4, 2010
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Marshall & Sterling
66 Middlebush Road
Wappingers Falls, New York 12590
Attention: Jack Peluse, CIC
MAY 0 7 2010
TOWN OF WAPPINGER
TOWN CLERK
Re: Claim of Phillip Wirzbicki
35 Hiview Road, Town of Wappinger
File No. 12951.1031
Dear Jack:
I am enclosing correspondence from Mr. Wirzbicki relative to his apparent claim for
damages against the Town. I also enclose a copy ofletter received from his attorney,
Richard Duvall of McCabe & Mack.
The Wirzbicki lot has a water course running through it. As best as I have been able to
determine, uphill water has drained into this water course for decades. In the early 90's,
the Town obtained easements from uphill property owners. The easement was in the form
of a "Y". The Town extended a drainage pipe within the easement area which discharged
stormwater onto the ground which was to flow through two separate water courses. Over
the course of time, more storm water has flowed from the easement area to the Wirzbicki
water course (see attached map).
Mr. Wirzbicki's claim is self-explanatory. I do not concur with Mr. Wirzbicki's
conclusions or that of his attorney because they have oversimplified the matter. However,
the realty is that there is severe erosion to the Wirzbicki parcel.
O:\Wappinger\Town Board\Wirzbicki - 35 Hiview Road - Drainage\050410 letter to Marshall & Sterling. doc
Page 2
I am not sure if a claim is going to be filed, however, I wish to place the insurance carrier
on notice as quickly as possible.
If you should have any questions, or if further information is required, please contact me.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
CLQj~c+ p. ~(9b~ ch / ~
ALBERT P. ROBERTS
APR/so
cc: Town Board (w/enc.)
Town Clerk (w/enc.)
0:\ Wappinger\Town Board\ Wirzbicki - 35 Hiview Road - Drainage\05041O letter to Marshall & Sterling. doc