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 […]
Author Archives: Friedman & Ranzenhofer
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 […]
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 […]
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 […]
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 […]
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 are an effective and highly publicized means of enforcing federal housing laws in Rochester, 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 […]
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 […]
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 […]
As one of six speakers at the Landlord Xpo in Rochester and Rochester, 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 Rochester,120 Center for Tomorrow, Rochester, NY 14620 and from2:30 pm to 7:55 pm at the […]