Two more notices of claim filed over Jay Street fire

PHOTOGRAPHER: Peter R. Barber

Schenectady firefighters battle a fire that destroyed a pair of Jay Street apartment builidngs in the early morning hours of March 6, 2015.

Two victims of the Jay Street fire on March 6 have filed notices of claim against the city seeking costs for personal injuries and losses.

Ron Crandall and Stephanie Acorn — who both lived at 104 Jay St. — are being represented by Schenectady attorney John Seebold in their case against the city related to the fire.

Acorn lived on the third floor of the building and Crandall lived on the fourth floor. The accidental fire started on the fourth floor, across from Crandall’s apartment, and spread to neighboring 100-102 Jay St., destroying both buildings.

Acorn escaped the blaze unharmed but Crandall suffered serious injuries and was airlifted to Westchester Medical Center’s burn unit in the early morning hours of the fire.

Seebold said he filed notices of claim on behalf of the two former tenants because of the potential code violations in the building, including a possible nonoperating fire alarm system.

The five-story building was inspected by city code enforcement personnel the day before the fire, according to city Building Inspector Eric Shilling. The department cited the owner for an expired fire alarm system certification.

“As set forth in the notice of claim, it’s our understanding there were some code violations in the building and that there was an inspection literally hours before the fire occurred,” Seebold said.

Crandall sustained second- and third-degree burns on his feet, right hand and face while running out of the burning building. He is recovering from surgery at his new apartment in Albany.

Crandall was one of seven people hospitalized after the fire. The fire claimed the lives of four people and displaced about 60. An investigation is ongoing by the Schenectady County District Attorney’s Office.

The DA issued a grand jury subpoena for the code-enforcement documents related to the two buildings. The Daily Gazette’s Freedom of Information Law request for the information was denied by the city.

“The notices of claim have to be filed within 90 days and it’s a prerequisite to a lawsuit,” Seebold said. “If it is revealed that there is potential liability of negligence against the city and the claim is not resolved, then there will be lawsuits.”

There are a total of seven notices of claim against the city regarding the Jay Street fire to date. Corporation Council Carl Falotico said the city plans to hold hearings to hear from the claimants directly.

He said those hearings would probably take place over the next two months. The hearings would give the city the opportunity to hear from the people directly affected by the fire.

“When you file a claim against the city, the city has the right to hold a sort of early deposition,” Falotico said. “It gives the municipality a chance to look at the merits of the claim.”

Seebold said he also plans to file lawsuits on behalf of Acorn and Crandall against the property owner — Ted Gounaris, who lives in Nassau County — and Ideal Property Services — located on the Jay Street pedestrian walkway.

James Hacker, of E. Stewart Jones Hacker Murphy, filed a lawsuit against the property owner and manager on behalf of Jesse Pappalau, who lived on the fourth floor of 104 Jay St.

Paul DeLorenzo and John Massaroni of the DeLorenzo Law Firm also filed lawsuits against the property owner and manager on behalf of the family of Berenices Suarez, who died in the fire, and Jonathan Moya-Perez, who sustained serious injuries in the blaze.

The attorneys also filed notices of claim against the city on behalf of Suarez’ family and Moya-Perez. Attorney Phil Rodriguez filed a notice of claim against the city for the property owner of 100-102 Jay St.

Seebold said he is in discussions with attorneys at E. Stewart Jones Hacker Murphy and the DeLorenzo Law Firm and that they are working together to ensure their claims and lawsuits are factual.

“We represent each client individually, but as far as talking about the claims, we have been doing that,” Seebold said. “There are a lot of issues and a lot of attorneys involved. It’s very fact specific and there is a lot of information.”