Man Who Fell Through Floor At Abandoned Factory Files Notice Of Claim Against Town, County; Owner Says He Trespassed

EAST MARION, NY — One of the two men who fell through the second floor at the abandoned former Oki-Do oyster processing plant in East Marion has filed a notice of claim against Southold Town and Suffolk County, claiming that both were "negligent" in that they were aware the premises were "hazardous, unsafe and dangerous."

The notice of claim, filed with Southold Town on June 1, seeks to recover damages for "serious and severe personal injuries" sustained by Vincent Inzone, 20, of Lake Ronkonkoma, after he fell through the second floor of the building.

In March, two men fell through the second floor at the abandoned former Oki-Do oyster processing plant in East Marion, police said.

According to Southold Town Police, the accident occurred at 12:17 a.m. on March 8 on the premises of Oki-Do Ltd. located at 2835 Shipyard Lane.

Dean Giannopoulos, 20, and Inzone, both of Lake Ronkonkoma, were inside the abandoned factory when, while walking inside, the second floor gave way, police said.

The pair fell approximately 20 feet onto a cement floor, sustaining injuries, police said.

East Marion and Greenport Fire Departments responded; Inzone was transported to Stony Brook University Hospital via Suffolk County Police Department aviation and Giannopoulos was transported to Eastern Long Island Hospital by East Marion Fire Department ambulance for treatment of their injuries, police said.

No charges were filed and the investigation was ongoing, police said at the time.

But despite the fact that the pair were not charged, the owner of the property, Dr. Kazuko Tatsumura Hillyer of Gaia Holistic Health in New York told Patch that they did not have her permission to be on the site.

"We have signs and we have a fence," she said, adding that there have been other times in past months when individuals trespassing on her property without permission have broken "through the fence in the middle of the night."

She added that no one is allowed to scale the fence, and the incident, she added, took place in the "pitch black" of night.

The accident in question, she said, took place after midnight, and she asked why he was "climbing" on the second floor of the building.

The notice of claim refers to a resolution passed by the Southold Town board on December 4, 2007, which ordered Oki-Do, Ltd., the owner of the premises, to perform work on the building and structures to make them "safe for the public" and if the work was not completed within a definitive time period, "the Town of Southold would perform the work on the property to make the premises and structure safe."

The notice of claim alleges that such work was "not completed by the premise's owner, nor was such work completed by the Town of Southold."

In addition, the notice of claim states that the Town of Southold and Suffolk County "failed to enforce the premise's owner to make such property safe to the public."

Inzone, represented by Anthony C. Crasto of Crasto & Associates, P.C. of Howard Beach, suffered "severe injuries" including "but not limited to fractures, bruises about the body, damage to nerves, muscles, tendons and bones, neurological impairment, permanent disfigurement, swelling, inflammation, restriction and limitation of motion, extreme physical pain, emotional and mental anguish, pain and suffering," as a result of the fall, the notice of claim states.

Compensatory damages are sought, the notice of claim says.

Responding to the notice of claim, Southold Town Supervisor Scott Russell said, "The basic premise of the claim is that the town didn’t do enough to protect him from his own reckless behavior. This is unfortunate and a bit ironic."

He added that the town tried to get the owner to address safety issues over the years; she installed a perimeter fence which secured the site, he said.

"The problem is that it gets cut through on occasion and, when we discover that, we contact the owner to remedy it," he said. "The town did its job."

Russell added, "We have recently hired legal counsel to pursue all avenues to force the owner to take action to clean up the site. This is not just for safety but for character of the community that the condition of the site causes."

When asked about securing the site moving forward, Russell said the town will continue to monitor the situation and require the owner to remedy any repairs needed to the fence, or any other issues that may arise.

As for perhaps assigning a police presence to the site, Russell said, "That may be difficult. We cover 53 square miles of town and there are many areas that need patrolling. We do what we can but can’t devote all of our resources to just one site."

The incident sparked concerns in the East Marion community, and the town responded to residents who implored the town for help to shore up the structure.

In April, the town board voted unanimously to authorize Southold Town Attorney Bill Duffy to pursue litigation against the owner of the property, located at 2835 Shipyard Lane, "to enforce town code and require that the property be brought into a condition that is not a danger to the community," Russell said at the time.

"The neighbors demand action. I don't blame them," Russell added.

At an East Marion Community Association meeting right after the incident, Anne Murray told the crowd that residents, including members of the Cleaves Point Village Condominium Association, had expressed interest in meeting with Russell to discuss how the town could help to secure the site.

"The oyster factory has been derelict for a very long time," she said. "It's a dangerous site and kids have been going in there."

Some young people even recorded a YouTube video of the site and discussed a band performing inside during the summer, Murray said.

"It's obviously caused a lot of issues. We want the town to take some action on that," Murray said.

Another woman said it wasn't just Cleaves Point residents, but other residents in the area, too, that have concerns.

"I certainly welcome the opportunity to meet with community representatives from East Marion. I am sure recent events at Oki-Do have them concerned and I want to hear those concerns," Russell told Patch in a previous interview.

The Oki-Do site has sparked contention in recent years, with residents raising environmental concerns after Hillyer's plans were pitched for a hotel, restaurant and spa on the premises; that plan was not given the green light to proceed.

On Friday, Hillyer told Patch that she could not discuss future plans for the site.

Crasto did not return multiple calls for comment.

Patch file photo.

Video via YouTube.