Anthony Franzese has filed a $21 million lawsuit against his landlord over an accident with an air-conditioner that nearly took his life.
Franzese, a Vietnam vet, was nearly killed when an air-conditioning unit fell six-stories from his East Village building. He filed the lawsuit papers in Manhattan Supreme Court in which he stated it was due to the gross negligence of his landlords, according to the New York Post, for installing air conditioners without support brackets that resulted in an AC unit plummeting six stories onto his head.
It was an awning, which helped cushion the force of the air-conditioner, which city officials credit to Franzeses survival of the accident.
Air-conditioning units are quite heavy to begin with, but can you imagine the force of gravity pulling one to the ground from six-stories above? Its a miracle in itself that Franzese survived, though the lawsuit details what a terrible toll the falling unit still took on Franzese.
The suit says: He received emergency treatment for a skull fracture, concussion and other serious injuries to his head which caused permanent brain damage.While being operated on, [Franzese] suffered a heart attack and went into a coma for several days, and now has permanent heart damage including a blood clot on the heart.
Though Zenon Chernyk, the owner of the building, made several attempts to visit Franzese in the hospital, his visits were unwelcome. The suit says Initially these unannounced, uninvited, unauthorized visits were when the plaintiff was still in a coma.
So now, in addition to being sued for negligence, Chernyk is also being sued for harassment. Really? Though the cause of the falling AC unit might have been due to negligence, it isnt as if Chernyk threw it out the window.
Franzese feels differently. His lawyer, Stuart Shaw, says he phoned, faxed and wrote the landlord demanding that he and his insurance people stay away from Franzese, but they still made multiple other attempts to see him, as well as several phone calls according to the suit.
Well, there is more to the story. Apparently the two had been feuding for years before the AC accident occurred.
Court papers say Franzese had been squatting in a third-floor apartment in Chernyks building at 65 Second Ave., claiming that he was still entitled to live there when his girlfriend died. The court documents also say Franzese, who is disabled, is mentally ill, and regularly hears voices in Vietnamese and Chinese as well as communications from outer space.
Under an agreement reached in housing court, Franzese had promised to vacate the apartment for good a week before the accident in exchange for a $25,000 check from Chernyk. The lawsuit, however, still lists the apartment as Franzeses address.
Perhaps if Franzese had moved out when he agreed to, then he wouldnt have been nearly killed by the falling AC unit. Should he even be entitled to file for $21 million given that consideration?