Helias Doundoulakis v. Town of Hempstead, Appellants-Respondents, and A. James De Bruin

Summary

The New York Court of Appeals reversed the Appellate Division's order, dismissed the Silver plaintiffs' claim for failure to give timely notice under General Municipal Law § 50‑e, and ordered a new trial on all remaining claims. The court held that the record was insufficient to establish that hydraulic dredging and landfilling was an abnormally dangerous activity warranting strict liability, and therefore the negligence theory must be submitted to a jury. It also left open the possibility of strict liability against the contractor and engineer and of apportionment of liability, to be decided at trial.