Buffalo New York Law Firm

by admin on September 27, 2011

in Buffalo NY Law Firm

Welcome – my name is Bob Friedman. Along with my partner Mike Ranzenhofer, we manage the Buffalo, New York Law Firm of Friedman & Ranzenhofer, PC.

My father founded this law firm in 1955, and for over 55 years, this firm has been assisting Buffalo area residents with their legal issues. In fact, we’ve been a fixture in WNY for so long, I would imagine we’ve helped a family member, friend or co-worker of yours in the past.

Currently, we have 7 law offices throughout Western New York. They are located in Akron, Batavia, Buffalo, Clarence-Williamsville, Niagara Falls, Rochester and West Seneca. If you require legal assistance from a Buffalo Attorney, you will find a convenient location near your home or place of work. If necessary, we will call on you in your home as well as make hospital visits. Here is some additional information concerning our 7 Buffalo Area Law Offices

Michael and I have more than 60 years of combined experience covering a wide area of legal skills needed in this day-and-age – and we would welcome the opportunity to help you.

The links just below will take you to a web page that can answer many of the questions you might have. You may also find answers to legal issues you might not have considered. Or….look just to the right. You’ll see a search box where you can type in a question, then hit enter. If we have an answer to your question, you’ll find it there.

If we don’t have your answer here, or if you’d like to speak with us, feel free to call and arrange a free consultation – either on the phone or in-person.

We can be reached at 716-542-5444, or if the call is long distance, please call 1-800-729-4571.

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National Senior Health & Fitness Day

by admin on May 17, 2013

in Uncategorized

National Senior Health & Fitness Day is being celebrated at a completely free fair on Wednesday, May 29, 2013 from 12-4 PM at the Akron-Newstead Senior Center, 5691 Cummings Road, Akron, NY. The goal of this health and fitness day is to promote the importance of regular physical activity and to improve the health and fitness of older adults nationwide.

Free lunch beginning at 12 noon for the first 350 people will be compliments of Guy’s Subs.

Free health screenings for diabetes, cholesterol and blood pressure will be conducted by Catholic Health Systems. The Blue Cross & Blue Shield Healthy Zone Cruiser will feature health tips, games and activities.

Free review of your will, health care proxy and power of attorney will be offered by attorneys from 1 PM to 4 PM. It is limited to the first twenty people who register at the health fair registration table beginning at 12 noon. For details see http://www.legalsurvival.com/free-will-review-in-new-york/.
Free drawings for Dash’s Market & Pixley’s Shur Fine gift certificates.

Free exhibits and demonstrations on senior health, fitness, safety, housing and government benefits listed here(link), including Silver Sneakers.

Free seminars will be presented from 1 PM to 4 PM on drug safety and “FOURTEEN WAYS TO PRESERVE YOUR ASSETS WITH THE MEDICAID LAWS.” Speakers are Robert Friedman, Attorney of Friedman & Ranzenhofer, P.C . and Jeff Vastola, CLU of M&T Securities. Learn how to preserve your assets and plan for incapacity with powers of attorney, health care proxies, living wills, Wills, Trusts, transferring your home to family members, Long Term Care Insurance, Prepaid Funeral Accounts, IRAs, Pensions, properly documented gifts, spousal allowances and transfers, Caregiver Agreements, annuities and promissory notes.

Sponsors of the event include Blue Cross & Blue Shield, Clarence Senior Center, Clarence Chamber of Commerce, Akron Chamber of Commerce, Friedman & Ranzenhofer,PC Attorneys and Akron-Newstead Senior Center.For further information, call 716.542.6645.

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NEW YORK LANDLORD NOT LIABLE FOR DOG BITE

by admin on May 8, 2013

in Buffalo NY Landlord Legal Issues

Plaintiff sued the landlord and tenant for injuries that his son sustained when he was bitten by the tenant’s dog. In order to recover against a landlord for injuries caused by a tenant’s dog on a theory of strict liability, the plaintiff must demonstrate that the landlord: (1) had notice that a dog was being harbored on the premises; (2) knew or should have known that the dog had vicious propensities and (3) had sufficient control of the premises to allow the landlord to remove or confine the dog.

Knowledge of a dog’s vicious propensities may be shown by evidence of a landlord’s awareness that the dog would “growl, snap or bare its teeth”. The landlord was aware that a dog was kept on the premises by her tenant and that she could have required him to remove or confine that dog. However, she testified at a pretrial deposition that she had no knowledge of any vicious propensities of the tenant’s dog.

Since plaintiff submitted no proof to the contrary, there was no evidence from which to infer that the dog exhibited vicious propensities when the landlord was on the property nor was there any evidence that anyone communicated any complaints about the dog to the landlord. The New York Supreme Court, Appellate Division, Fourth Department dismissed the complaint against the landlord because she established as a matter of law that she neither knew nor should have known of the dog’s alleged vicious propensities.

Plaintiff’s mere speculation that the landlord might have had knowledge of a prior incident involving the dog is insufficient to raise a triable issue of fact in opposition to the landlord’s motion to dismiss.

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ARE NY CONDO BOARD’S LIABLE FOR SECOND HAND SMOKE?

by admin on April 23, 2013

in Buffalo NY Landlord Legal Issues

Yes, a condominium board’s obligation to regulate second hand smoke is based on New York Real Property Law (RPL) section 339-v(b)(i) which requires all condominium bylaws to include such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their  units and of the common elements by the  unit owners.

The New York Supreme Court, Appellate Term, 1st Department held that the condominium board is specifically authorized to make determinations regarding the operation, care, upkeep, and maintenance of the common elements in the building, and to enforce any bylaws and rules among unit owners, including the rule prohibiting one resident from interfering with the rights, comforts or conveniences of other unit owners.

Condominium boards must act for the benefit of the residents collectively. They have a fiduciary duty to enforce bylaws and rules among unit owners in a non-discriminatory fashion,. If a condominium board fails to enforce a bylaw prohibiting or restricting smoking and exposes the condominium to a possible lawsuit for damages by  unit owners, the board is acting contrary to the collective interests of all residents in breach of its fiduciary duty.

If the board fails to enforce a bylaw designed to limit the effects of secondhand smoke, or fails to prevent secondhand smoke from infiltrating into units from the common areas, or if a building-wide ventilation problem facilitates the circulation of the secondhand smoke, the unit owners’ sole recourse for smoke infiltration is against the condominium board.

A condominium’s authority to act on smoking problems is based on RPL section 339-j , which requires each unit owner to comply strictly with the by-laws, rules, regulations, and resolutions. Condominium boards are empowered  to sue an offending unit owner for damages and/ or injunctive relief. A unit owner having flagrant or repeated violations may be required to post a bond to ensure future compliance.

If you are part of a Condo Association or Condo Board in New York and are facing a legal challenge and would like to speak with an attorney, I invite you to call me at 716-542-5444.

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NEW YORK BREATHALYZER TECHNICIANS CAN’T BE CROSS-EXAMINED

by admin on April 8, 2013

in New York DWI-DUI

The New York Court of Appeals  rejected the contention of a Yates County, New York  drunk driver that his constitutional right to confront witnesses against him, as spelled out by the U.S. Supreme Court in Crawford v. Washington,  was violated when a County Court judge refused to produce at trial the experts who maintain the devices.

The court ruled that the three breathalyzer records sought by the defendant are akin to business records as described as CPLR 4518[a],which, as a class, are generally deemed non-testimonial. Two of the documents certified that the breathalyzer  had been calibrated by the New York State Division of Criminal Justice Services in Albany and the third said a sample of an ethyl alcohol solution used in the device was analyzed and approved by the New York State Police.

The court ruled that the breathalyzer testing certificates do not directly inculpate the defendant or prove an essential element of the charges against him. All three records simply reflected the objective facts that were observed at the time of their recording in order to establish that the breathalyzer would produce accurate results, rather than to prove some past event.

The inspection and calibration of the breathalyzers used to determine if drivers are drunk are non-testimonial. Defendants do not have a constitutional right to cross-examine the technicians who service them. The ruling upheld the felony DWI conviction and the 2 1/2-to-7-year sentence he received for his third DWI conviction. The breathalyzer recorded his blood alcohol level at 0.15 percent when he was arrested.

If you need assistance with a DWI arrest in WNY, contact Friedman & Ranzenhofer at 716-542-5444.

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What Does An Arrest For DWAI – Drug In New York Mean?

by admin on February 3, 2013

in New York DWI-DUI

DWAI – Drug is Driving While Ability Impaired by a single drug other than alcohol in the state of New York.

If you or someone you know has questions regarding driving laws in New York, contact the Law Office of Friedman & Ranzenhofer at 716-542-5444.  Let them help answer your questions.

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What Does An Arrest For DWAI – Alcohol In New York Mean?

by admin on January 23, 2013

in New York DWI-DUI

Driving While Ability Impaired (by alcohol) is having more than .05 BAC to .07 BAC, or other evidence of impairment. For drivers of commercial motor vehicles who are under age 21, .02 BAC or other evidence of impairment constitutes a DWAI – Alcohol.

If you or someone you know has questions regarding drinking and driving limits in New York, contact the Law Office of Friedman & Ranzenhofer at 716-542-5444 for a free consultation.

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What Is An Aggravated DWI In New York?

by admin on January 20, 2013

in New York DWI-DUI

In New York, Aggravated Driving While Intoxicated is having a .18 or higher BAC.

Have you or some you know recently been involved in a DWI incident in the state of New York and have questions regarding the law surrounding different types of DWI cases?  If so, contact the Law Office of Friedman & Ranzenhofer at 716-542-5444 for answers to your questions.

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What Is DWI In New York?

by admin on January 14, 2013

in New York DWI-DUI

Driving While Intoxicated is having .08 or higher BAC (blood alcohol concentration) or other evidence of intoxication.

For drivers of commercial motor vehicles, .04 BAC or other evidence of intoxication is evidence of DWI.

If you or someone you know has questions regarding a DWI charge in New York, contact the Law Office of Friedman & Ranzenhofer at 716-542-5444 for a free consultation.

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What Are Alcohol And Drug-Related Crimes And Violations In New York?

by admin on December 22, 2012

in New York DWI-DUI

The following are alcohol and drug-related New York crimes and violations:

DWI:Driving While Intoxicated is having .08 BAC (blood alcohol concentration)or higher or other evidence of intoxication. For drivers of commercial motor vehicles, .04 BAC or other evidence of intoxication is evidence of DWI.

Aggravated DWI: Aggravated Driving While Intoxicated is having a .18 or higher BAC.

DWAI/Alcohol: Driving While Ability Impaired (by alcohol) is having more than .05 BAC to .07 BAC, or other evidence of impairment. For drivers of commercial motor vehicles who are under age 21, .02 BAC or other evidence of impairment.

DWAI/Drug: Driving While Ability Impaired by a single drug other than alcohol.

DWAI/Combination: Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol.

Chemical Test Refusal: A driver who refuses to take a chemical test of breath, blood or urine is subject to a driver license revocation of at least one year (18 months for a commercial driver) and a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. Drivers who refuse a chemical test during the five years after a DWI-related charge or previous refusal will have their driver licenses revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. Drivers under age 21 who refuse a chemical test during the five years after a DWI-related charge or previous refusal, will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.

Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

If you or someone you know has questions regarding DWI or DUI in the State of New York, contact the Law Office of Friedman & Ranzenhofer at 716-542-5444 for a free consultation.

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TENANT’S RIGHTS AFTER HURRICANE SANDY

November 27, 2012

Many New York tenants returned home after Hurricane Sandy to find catastrophic damage and loss of power, heat, hot water and elevator service. New York residential   (including cooperative) tenants are protected by the warranty of habitability under New York Real Property Law §235-b. It is implied in every New York residential lease that the premises [...]

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