Author Archives: Friedman & Ranzenhofer

Open Container Gives NY City Police Cause for Search

Defendant was charged with possession of a weapon by a convicted felon. He moved to suppressphysical evidence obtained by New York City police officers in conjunction with his arrest and statements that he made following the arrest. Defendant contended that a firearm seized by the police was the product of an illegal search because the […]

New York Medicaid Penalty Regional Rates For 2011

The 2011 New York Medicaid regional rates used to determine a transfer of assets penalty period are: Region Monthly Regional Rate Central New York $7,688 Long Island, NY $11,445 New York City $10,679 Northeastern New York $8,323 Northern Metropolitan NY $10,105 Rochester, NY $8,942 Western New York $7,863 These rates are based on average nursing […]

Compensatory And Punitive Damages For Housing Discrimination

Compensatory and punitive damages are an effective and highly publicized means of enforcing federal housing laws in Buffalo, New York. Victims of housing discrimination can seek compensatory, as well as punitive damages. Compensatory damages consist of special and general damages. Special damages include actual out-of-pocket expenses or losses, including actual expenses such as moving and […]

Consequential Damages Recovered for Insurer’s Bad Faith

Plaintiffs’ home was damaged by a fire. Based on the fire damage and mold, it was determined that the entire dwelling should be gutted. Plaintiffs rejected the insurance company’s (Defendant) offer of $575,000 and demanded an appraisal which estimated the cost at over $1 million. A referee determined the cost to be $832,982, which the […]

DWI Ignition Interlock Law Interpreted For The Buffalo Area

Defendant pleaded guilty to driving while intoxicated (DWI). The City Court, Jefferson County, New York Court noted that the sentencing of the Defendant under Leandra’s Law stems from New York’s failure to establish determinate ignition interlocking costs. Under Leandra’s Law, all first-time misdemeanor DWI offenders in New York must install ignition interlock devices in every […]

Landlord Seminars in Rochester & Buffalo, NY

As one of six speakers at the Landlord Xpo in Rochester and Buffalo, NY onWednesday March 9, 2011,I will present “Common Mistakes Made by Landlords and their Attorneys.” The seminars are from 7:30 am to 12:45 pmat the University at Buffalo,120 Center for Tomorrow, Buffalo, NY 14620 and from2:30 pm to 7:55 pm at the […]

Abandoned Building Owner Not Liable For Murder

Mr. Acosta was dragged into an abandonedbuilding, robbed and murdered by Mr. Melendez-Sanchez. The plaintiff, administratix of Acosta’s estate, claimed that thebuilding was a public nuisance as it was abandoned and unlocked. She argued if the building had been properly sealed, Melendez-Sanchez would not have been able to break in and murder Acosta. The Kings […]

Gift Of Home To Tenant Was Incomplete

Tenant sought an injunction barring the public administrator (PA) from selling the property of the deceased landlord or continuing an eviction proceeding against  him. He claimed to be the owner of the landlord’s real estate  as she expressed a desire to give him her home as a gift. The landlord  lived in an apartment on […]

Win A New Porsche & Help Those That Need It

This post is a off-topic, but it is an important one. I was appointed Chairman of the Porsche Raffle Committee by the Clarence Rotary Foundation. Each year the foundation initiates fundraising efforts which benefit healthcare, youth activities, scholarships and community projects. For 2011, we are upping the ante – the Clarence Rotary Foundation is raffling […]

Walls And NY Squatter's Rights

To establish a claim for “squatter’s rights” or adverse possession in New York, the claimant must establish that his or her possession was: 1) hostile and under claim of right; 2) actual; 3) open and notorious; 4) exclusive; and, 5) continuous for ten years. Two recent New York County Supreme Court cases ruled on adverse […]