Author Archives: Friedman & Ranzenhofer

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 […]

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, […]