Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

East Village Man Struck by Falling A/C Unit Sues Landlord for $21M

By DNAinfo Staff on November 11, 2010 11:13am

This air conditioner unit was left laying on the sidewalk on Second Avenue, after apparently falling from a window above.
This air conditioner unit was left laying on the sidewalk on Second Avenue, after apparently falling from a window above.
View Full Caption
DNAinfo/Benjamin Fractenberg

By Jordan Heller

DNAinfo Reporter/Producer

EAST VILLAGE — An East Village man who was struck in the head by an air conditioner that fell from his own building is suing his landlords for $21 million, according to several news reports.

Anthony Franzese's lawsuit claims his landlords installed A/C units in the building at 65 Second Ave. without proper support brackets, calling it "gross negligence" that caused one particular unit to fall six stories before bouncing off an awning and hitting him on the head, the New York Post reported.

The city's Buildings Department issued a violation, citing owner Zenon Chernyk for failing to properly maintain the building.

The violation ordered the building to "install required bracing on all air conditioners or remove units immediately."

Franzese's suit says he suffered a skull fracture, a concussion, permanent brain damage and that, while being operated on, had a heart attack and "went into a coma for several days," according to the Post.

Franzese, a mentally ill Vietnam veteran, had been feuding with Chernyk, prior to the accident, the paper reported.

Franzese was squatting in one of Chernyk's third-floor apartments and claimed he was entitled to stay there after his girlfriend died, according to court papers.

Through housing court, Chernyk agreed to pay Franzese $25,000 to vacate the apartment a week before the Sept. 28 incident with the A/C unit, the Post reported.

In addition to "gross negligence," the lawsuit accuses Chernyk of "harassment" for, along with his insurance people, making several unwanted attempts to visit Franzese in the hospital, according to the Post.