Author Archives: Friedman & Ranzenhofer

NY Tenant Awarded $1.8 for Wrongful Eviction

A landlord of a New York City restaurant obtained a warrant of eviction pursuant to a default judgment. A city marshal executed the warrant and barred the tenant from the restaurant. Shortly thereafter, a court granted a temporary restraining order (TRO) staying the landlord from removing the tenant’s property from the premises, restored the tenant […]

NY Landlord Must Pay Tenant's Legal Fees

The landlord served the tenant with a notice of termination for physically assaulting him and making alterations to his bathroom and kitchen without permission.After the landlord started a holdover eviction proceeding, the tenant filed an answer alleging that the landlord had assaulted him, not the other way around, and was facing criminal charges. He also […]

NY Constructive Trust Claim Rejected

The son sued to impress a constructive trust on his father’s home. When the son was married, he accepted his father’s offer to convert the upstairs floor of his one-family house into an apartment where the son and hiswife would live and in 15 years it would be the son’s. The son paid his father […]

Protecting Goodwill Is Basis to Enforce NY Non-Compete

Smith was retained by health insurance broker GHS to service its clients and to locate new business for it. Smith signed a non-compete agreement that he would not solicitinsurance business from any of GHS’s insurance accounts for three years following the termination of his employment. After terminating Smith for cause, GHS sued him for actively […]

The 21 Most Common Mistakes Made By NY Landlords

New York landlords often make costly mistakes by failing to: Use rental applications to screen tenants. Use criminal/credit/tenant screeningreports. Use move-in/move-out checklists. Obtain payment of security deposit and rent and tenant’s signature on the lease before giving the keys to the tenant. Include attorney’s fees, late feesand added rent provisions in the lease. Provide the […]

NY Tenant Can't Break Lease Because of Safety Fears

Landlord sued to recover for nonpayment of rent. Tenant counterclaimed for return of his security deposit. Tenant testified he was terrified in his apartment and neighborhood, had been threatened and that someone tried to break into his unit. Tenant alleged that his and his wife’s lives were in danger and informed landlord of his intent […]

Sister Appointed NY Guardian Subject to Approval of Asset Preservation

Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a […]

DWI Defendant's Speedy Trial Motion Denied In Buffalo Area

A defendant charged with driving while intoxicated (DWI) moved for dismissal arguing he was denied his statutory right to a speedy trial since prosecutors were not ready for trial within 90 days as required by New York Criminal Procedure Law §30.30. The New York County Criminal Court granted a hearing to establish if prosecutors met […]

NY Guardian May Withhold Feeding Tube

The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP), brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the grantingof “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks or […]