After withholding rents for one year, senior mobile home tenants in Newstead, NY reached a settlement with their landlord. Fifty tenants of the Quarry Hill Mobile Home Park began withholding their rents and water charges through their attorney, Robert Friedman of Friedman & Ranzenhofer, PC in December, 2011. They alleged unsafe and unsanitary conditions in the park consisting of 120 homes. The owner, Lakeshore NY, LLC of Illinois, began eviction proceedings in
Newstead, NY Town Court for nonpayment of rent and water charges . The eviction action was vigorously defended by Mr. Friedman, an expert on landlord-tenant law. The settlement agreement, filed with the court, discontinues the evictions. It also discontinues the tenants’ claims for breach of the warranty of habitability. The owner is required to make repairs to the septic system and driveways and provide adequate lighting for the roadways and common areas.
Matter of Walter
May 31, 2011
The Erie County Supreme Court revoked the power of attorney
Our client’s mother, while competent, had designated her adult daughter to serve as her power of attorney and health care proxy. The daughter used her mother’s credit cards, automobile and bank accounts for her own personal use. A Mental Hygiene Law Article 81 petition was filed by our client to have a guardian appointed for his mother and to revoke the power of attorney and health care proxy. The Erie County Supreme Court revoked the power of attorney due to the daughter’s self-dealing and breach of her fiduciary duty. However, it did not revoke the Health Care Proxy because it was not proven that the daughter was unavailable or unwilling to act, or that her actions or inactions rose to the level of incompetence or bad faith. However, due to the fighting among the children, the Court appointed an independent third-party to serve as full guardian of the mother’s property and limited guardian of her person.