[NYPD photo from 2012]
On Sept. 28, 2010, an air conditioner fell six stories and landed on the Winebar canopy on Second Avenue at Fourth Street before striking Tony Franzese on the sidewalk.
Franzese, who lived in the building and had been out walking his dog, was badly injured, and he later filed a $21 million liability lawsuit against the landlord ... and then he disappeared several months later.
As the Post reports today, a now-homeless Franzese has turned up again... and apparently doesn't want to pursue any legal matters ... much to the chagrin of his lawyer.
Franzese, 73, remains severely traumatized and is now insisting he wants nothing to do with the seven-figure negligence payout that would easily be his if he would just agree to come to court, his frustrated lawyer told The Post.
Instead, on Monday, the lawyer is going to Manhattan Supreme Court — alone, but on Franzese’s behalf — in hopes that he can convince a judge to compel the detective who found Franzese to bring him in off the streets.
Franzese is too mentally troubled to make decisions without a guardian or conservator, the lawyer argues.
Previously on EV Grieve:
Former East Village resident injured by falling air conditioner remains missing
8 comments:
Does it sound like this guy might have been "scared-off" along with his ongoing mental challenges?
Don't know....just wondering.....something appears to be AWFUL fishy to me.
Tony, paisan, go to the court man. You are owed something for your troubles.
I hope someone can step in on his behalf as a custodian, win him the money and then use it for his care. This poor man deserves to live out the rest of his life being well taken care of and comfortable.
I guess he's lucky he doesn't have any greedy family that wants to be his guardian so they can tap into millions... if true that he's mentally troubled can't the state intervene and appoint someone as his guardian??
A sad story this man needs a Ad Litem and the court should appoint one.
What will probably happen is the lawyer will sue on Tony's behalf, win, then give Tony the standard two-thirds of the award (the lawyer takes the standard third.)
My guess (and only my guess) is Tony will not win $21M, he'll win something like $6M - $2M to his lawyer = $4M, still more than enough money to live comfortably for the rest of his life. After that the lawyer would probably serve as the guardian of Tony's assets and draw up a will where he gets Tony to name beneficiaries so remaining money goes to survivors.
The money would be helpful..lawsuits take a lot out of the plaintiff (emotionally)..they take time as well..the EBTS, having to get a Guardian..hopefully he will not die before the case is ruled on..this is a mess. I feel for Tony. Head trauma sucks the big one.
Being brained by something falling comes second after being hit by a turning cab in my worst fears as a city dweller.
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