Author Archives: Friedman & Ranzenhofer

Disorderly Conduct & Resisting Arrest Charges Dismissed

Charged with resisting arrest and disorderly conduct, defendant moved for dismissal of the accusatory instrument for facial insufficiency. A police officer stated he observed defendant shouting and screaming obscenities, and such conduct created a public disturbance as it caused people to express annoyance and alarm. Defendant argued such allegations were insufficient to support a disorderly […]

NY Tenant Has Right To A Jury Trial

Landlord, who began a holdover eviction proceeding, sought to strike tenant’s demand for a jury trial. The New York City Civil Court ruled that tenants in summary eviction proceedings have a common law right to trial by jury, which is also authorized by the New York Real Property Actions and Proceedings Law. It noted standard […]

NY Husband's Failure to Apply for Mortgage Breaches Contract

The contract for the sale of New York real property was contingent on the husband and wife buyersobtaining a $280,000 mortgage. After their mortgage application was denied, they sought the return of their $35,000 deposit. The seller sued the buyers for breach of contract. The buyers counterclaimed for return of their deposit. The Nassau County, […]

New York Will Denied Probate For Undue Influence

A woman died at the age of 94 survived by a sister. Her alleged will nominated Bill as executor and bequeathedthe bulk of her residuary estate to him. Bill was approximately 40 years the decedent’s junior. He was not related to her and was her self-described care provider. TheKings County, New YorkSurrogate found that Bill […]

Refusal to Accept Section 8 Is Not Discrimination

The tenant, who has Parkinson’s disease, hypertension and chronic low back pain, alleged that thelandlordviolated the Fair Housing Act (FHA) by discriminating against him due to his disability. He claimedthat the landlordinitially agreedto accept rent under the federal Housing and Urban Development Department’s Section 8 Housing Program and to help him obtain such funds. However, […]

DWI Conviction In The Buffalo Area Reversed Due to Crime Lab Problems

Citing revelations of problems at the Nassau County Police Department’s now-closed crime lab—including the mislabeling of blood alcohol test results—aNassau County Court, NY judgeset aside the conviction of a woman facing up to seven years in prison for vehicular assault and ordered a new trial. The decision was based on newly discovered evidence to set […]

NY Court Grants Niece's Request to Bury Uncle

The Nassau County New York Supreme Court appointed the alleged incapacitated person’s (AIP) niece, Grace, as New York Mental Hygiene Law Article 81 Guardian for his personal needs and his sister, Vita as a Co-Guardian for property management. When the AIP died, Grace and Vita disagreed regarding the disposition of his remains. Vita wished to […]

NY Tenant’s Right To Livable Premises

Warranty of Habitability ( New York Real Property Law § 235-b) Every written or oral residential lease warrants that the premises and common areas will be maintained in a condition that is: (a) fit for human habitation; (b) fit for uses reasonably intended by the parties; and (c) free from conditions endangering or detrimental to […]

NY Tenant Cancels Lease Due To Second-Hand Smoke

A landlord’s failure to resolve a tenant’s complaints of cigarette smoke emanating from the apartment below justified a rent abatement and dismissal of the landlord’sattempt to recoup the remainder of the unpaid lease, ruled a Nassau County, New YorkDistrict Court judge. However, he rejected the tenant’s counterclaims for reimbursement of paid rent and “thousands” for […]

Denial of Muslims Permit Reversed

A Nassau County, New York Supreme Court judge overturned a town zoning board’s denial of an application to convert a one-family dwelling in a residential area into a Muslim house of worship. The applicants sought a special exception to convert the premises with an upper apartment, off-street parking and parking in the front yard. The […]