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Vietnam Vet Hit with Falling A.C. Sues Landlord for Millions


By

John Del Signore

Published Nov 11, 2010

Modified Nov 11, 2010


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By

John Del Signore

Published Nov 11, 2010

Modified Nov 11, 2010


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After surviving the horrors of Vietnam and a hellish battle with his East Village landlords, it was ultimately a falling air conditioner that took veteran Anthony Franzese out of commission. You'll recall that Franzese, 67, was sitting with his dog outside his building on Second Avenue one morning at the end of September when a 45-pound air conditioner fell from a sixth floor window, bounced off of Wine Bar's awning, and landed on his head. And after nearly dying during surgery—and being harassed by his landlords while still in the hospital—Franzese wants payback.

The Vietnam veteran has filed a $21 million lawsuit against his landlords, and according to a copy of the lawsuit obtained by the Post, the incident nearly cost Franzese his life. "He received emergency treatment for a skull fracture, concussion and other serious injuries to his head" which caused "permanent brain damage," the suit says. "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."

While still in his hospital bed, the building's owner, Zenon Chernyk, allegedly made several unwelcome attempts to visit Franzese, despite Franzese's lawyer ordering the landlord and his insurance people to leave his client alone. "Initially these unannounced, uninvited, unauthorized 'visits' were when the plaintiff was still in a coma" the lawsuit says. Franzese and Chernyk had reportedly been feuding for years, and Franzese, who "regularly hears voices in Vietnamese and Chinese as well as communications from outer space according to court documents," had promised to vacate the apartment a week before the accident in exchange for a $25,000 check from Chernyk.

Chernyk faces up to a $25,000 fine at a Buildings Department hearing next week. Franzese's seeking $21 million in damages for the landlord's conduct, including "harassment" and "dangerously and improperly" installing the A.C. unit without brackets. It would seem wise for the Chernyk to settle this amicably before he antagonizes Franzese any further—especially since the landlord drew first blood.

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AC

air conditioner

air conditioning

Anthony Franzese

east village

falling a.c.


John Del Signore

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Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.

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Gothamist is funded by sponsors and member donations


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