NEW YORK – A company that performs magnetic resonance imaging has the right to sue the village of Hempstead for impounding its trailer and selling it for scrap, a New York appellate division ruled.
The village sold Brunswick Imaging Corp.’s trailer for scrap, one day after impounding it, for $6,600. The trailer contained $350,000 worth of MRI equipment.
Steven Brownstein, the president of BIC, claims the village never contacted him before selling the trailer. The lower court ruled that Brownstein was not entitled to file a claim after 90 days of the incident.
The appellate division disagreed, saying a late appeal is not necessary disqualified.
“The record clearly indicates that the village received timely actual knowledge of the essential facts constituting the claim,” the judges ruled.
That relieved Brownstein of the burden of meeting the deadline to appeal the village’s decision, or even the necessity to provide an excuse for why its appeal was late.