Town's Proprietary Role at Landfill Could Make it Liable in Wrongful Death Case

ISLIP, N.Y. - A town's proprietary role at a recycling center precludes it from asserting a governmental immunity defense to a wrongful death claim by a widow who contends her husband was exposed to fatal levels of mold toxins from the landfill, a New York court ruled Oct. 18. Dobin v. Town of Islip, 2004 NYSlipOp 07455. (N.Y. Sup., App. Div., 1st Dept. [Index No. 26755/1993, Suffolk Cty. Sup. Ct.]).

The New York Supreme Court Appellate Division, 1st Department, affirmed a May 23 2003, order by the Suffolk County (N.Y.) Supreme Court denying summary judgment to the Town of Islip, …