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Recent Posts in Incapacity, generally Category

NURSE HIT 90-YEAR-OLD IN THE FACE

A.G. Schneiderman Announces Arrest Of A Rochester Healthcare Worker For Striking A 90-Year-Old Nursing Home Patient Suffering From Dementia Schneiderman: We Will Continue To Aggressively Prosecute ...
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UNDUE INFLUENCE, LACKED INFLUENCE

Ari Kramer, Executor of the Estate of Virginia Casey Bush, filed suit claiming that Virginia's relative, Irving, was "incompetent" when he entered into a 2002 transaction with Ioannis Danalis. ...
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WHO ARE YOU?

Rose Savino's husband entered into a agreement which provided that after his death Precision Testing & Balancing, Inc., would buy his capital stock in the company from his Estate's representative ...
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TO GRANDMOTHER'S HOUSE WE DON'T GO

In Karr v. Black, Melissa Black and her husband, Mark, denied Gabrielle Karr contact with her grandchild. In 1996, after she "engaged in bizarre and threatening behavior toward her co-workers," ...
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A HEARST BATTLE

In Hearst v. Hearst, John Randolph Hearst, Jr. fought to protect his family fortune and inheritance from his wife, Barbara Hearst, after she filed for divorce. John and Barbara were married in 1990, ...
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WAS HE SMACKED?

In People v. Raosto, Vincent Raosto appealed his drug possession convictions, citing the "general carelessness" of his attorney and other "prejudicial errors." At trial, a Bronx County Supreme Court ...
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NOT FILING NOTICE OF CLAIM, BANKRUPTED CASE

In McCord v. City of New York, Richard McCord, the Trustee of Susan Elazm's bankruptcy estate wanted to file a late notice of claim for an injury she suffered on a public sidewalk. The injury occurred ...
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WHO'S CRAZY NOW?

In New York City Health & Hosps. Corp. v. Brian H. , Jacobi Medical Center sought to overturn an order releasing Brian H. from its care. Because he was admitted to the hospital five days after an ...
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HOW HURTFUL COULD A DEPOSITION BE?

In Duncan v. 605 Third Ave. , Duncan claimed that her medical condition prevented her from participating in an oral deposition, even one conducted from her own home by way of video conferencing. Moved ...
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WAS DAD UNSUITABLE?

Audrey D faced eviction from her apartment for nonpayment of rent and was apparently unable to find alternate housing due to health and financial challenges. During a hearing to determine whether she ...
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WHO WILL GET EVICTED?

In Adelphi Assoc., LLC v. Gardner, since Gardner was incapable of defending himself within the context of a nonpayment case, a guardian ad litem (GAL) was appointed to represent the tenant's ...
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NO SELF-GIFTING WHEN "DONOR" IS INCOMPETENT

In The People of the State of New York v. Schlick, John Schlick was charged with grand larceny and criminal possession of a forged instrument. Schlick apparently took large sums of money from an ...
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OH, SAY CAN YOU WAIVE?

In Coppa v. LaSpina, the Appellate Division, Second Department, addressed whether due process rights are waivable and whether an occupant can be evicted by way of "self help." In January ...
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DIDN'T SHE RATIFY HUSBAND'S DEAL?

In 1989, Vytautas Vebeliunas (claiming to be the fee owner of the "burdened" property) entered into a 20-year "Lease and Easement Agreement" with Henry and Sandra Knecht, in ...
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MAXINE MAXES OUT

While our state and federal Constitutions safeguard freedom of speech and assembly, even those fundamental protections have their limits. In Christopher Housing Court Co. v. Murrell, an eviction ...
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ALL ABOUT EVA

For some three decades Eva Schlesinger enjoyed her below-market, rent-regulated unit, but the "near octogenarian" recently put her tenancy in jeopardy due to an "escalating pattern" of disruptive ...
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