PARK SLOPE — Residents of an assisted living facility who are being forced out so the building can be converted into luxury condos will have their day in court, a judge has ruled.
The Hon. Wayne Saitta sided with the seven remaining seniors at Prospect Park Residence and threw out a motion to dismiss their case against the facility and owner Haysha Deitsch.
"This was a wise and fair decision by Judge Saitta, and will allow the courageous seniors of the Prospect Park Residence to have their case heard at trial, despite the request of the despicable owner Haysha Deitsch and the Cuomo Administration's NYS Department of Health to dismiss the case,” said City Councilman Brad Lander in an announcement about the ruling.
The seniors, who include a Holocaust survivor and a 100-year-old, sued after Deitsch abruptly announced that he was closing Prospect Park Residence, leaving residents just 90 days to find new homes.
Since then most of the 130 residents have left, but a handful remain. They say they've been subjected to harassment as Deitsch has tried to get them to leave the building so he can sell it to developers for $76.5 million.
Though residents, their families and attorneys have pleaded with the state Department of Health to intervene, the agency has "abandoned" the seniors, advocates say.
Saitta repeatedly ordered Deitsch to maintain services at the facility, but residents say those orders were ignored. Recently Saitta had to order Deitsch to keep the air conditioning on in the building on hot days.
