A family of a former Esplanade senior resident has filed suit against the owner for fraud and breach of contract.
Marc Sherman, attorney and son of 85-year-old Rachel Sherman, filed the suit with New York’s Supreme Court when they received notice in October 2015 about the need move out. According to Esplanade, Hearthstone Alzheimer Care, the contractor for residents with memory issues, was not legally able to practice in New York and so those patients would be displaced.
A mere two months after this, Esplanade made public their plan to turn the assisted living complex into luxury apartments. An additional 140 elders who used to receive meals, housekeeping, social activities and other amenities were forced to vacate the facility after White Plains Common Council gave permission for the renovation. In return, the Attorney General announced in July that the company would compensate 139 of their ex-patients for a total of $528,000, allowing Esplanade to get away with their plans.
Already, Justice Orazio Bellantoni has moved to dismiss a few of the claims presented, but has allowed the fraud and breach of contract claims to continue. The reason behind this is that there was clear non-disclosure of using the unlicensed Hearthstone when discussing the contract.
Breach of contract and fraud claims can completely ruin a business and should not be taken lightly if raised against you. If either of these claims have been brought against you, contact one of our criminal defense attorneys with Law Offices of Richard A. Portale, P.C. to discuss your options. Call us today at (914) 772-3166.