"…After Justice Saitta appointed a receiver to operate the [assisted living] facility in April, Dietsch’s attorney Joel Drucker told the judge that one corporate entity owns the facility’s valuable real estate, while another entity operated the home. Drucker maintains that the two entities have nothing to do with each other, and that the operator has no funds. But in documents related to the facility’s pending sale, Deitsch signed as both the owner and tenant/manager.…"
The saga of the Prospect Park Residence, an assisted living facility in Brooklyn owned by prominent Chabad hasid Haysha Deitsch, never seems to end.
Deitsch has allegedly done awful things to the few elderly, frail residents left in the facility in order to force them to vacate the building so he can sell it at a very large profit for $76.5 million.
The Brooklyn Eagle reports on the newest developments in the case:
…After Justice Saitta appointed a receiver to operate the facility in April, Dietsch’s attorney Joel Drucker told the judge that one corporate entity owns the facility’s valuable real estate, while another entity operated the home. Drucker maintains that the two entities have nothing to do with each other, and that the operator has no funds.
But in documents related to the facility’s pending sale, Deitsch signed as both the owner and tenant/manager.
[August 3,] in granting the [$5 million] order of attachment, Justice Schack ruled that "the plaintiff is likely to succeed [in his suit against Haysha Deitsch] on the merits.” [An appellate court granted a temporary restraining order staying enforcement of the attachment order late last week. But another judge issued a separate order of attachment against Deitsch on Thursday.]
However, Deitsch’s attorney Joel Drucker told the Brooklyn Eagle on Thursday that [attorney John] O’Hara’s court papers “really don’t include hard, medical evidence, just allegations” of improper medical care. [O'Hara represents the remaining residents.]
In addition, O’Hara would have to show that without the order of attachment the party being sued – Deitsch -- would be unable to satisfy a judgement by, for example, moving out of state and taking the assets.
“This building isn’t going anywhere,” Drucker said.
He added, “We’re fairly confidant that when the Appellate Division reads all the papers they’ll grant a stay on the attachment order and ultimately reverse it because there’s no legal basis for it.”
O’Hara recently won a $750,000 settlement for the family of retired Civil Court Judge John L. Phillips, Brooklyn’s famous “Kung Fu Judge,” who died [he allegedly froze to death because Deitsch faild to provide adequate heat] while confined to the facility.
Deitsch has been trying to empty the building prior to its sale. In July, seven current residents were handed a victory in court as Justice Saitta denied a motion made by Deitsch and the state Department of Health (DOH) to dismiss their many complaints about the lack of heat, air conditioning, proper food and medical care.
Conditions at the once-desirable residence, across the street from Prospect Park, have been cited as illustrating a shocking dysfunction of the state’s oversight of the nursing home industry.
Families and friends of the seniors say that DOH rubberstamped Deitsch’s closure plan, which advocates say falls far short of the legal requirements. These requirements include assessing the seniors’ needs and preferences for alternate facilities, assisting them in transferring to appropriate facilities, and continuing to provide required services until the closure. None of these steps were included in the closure plan.
DOH also allowed Deitsch to continue to sign up new residents and take deposits without informing them that closure was imminent.
In 2009 DOH determined that Deitsch was operating the home without a license. Yet the facility remained in operation despite the death of numerous residents, including Judge Phillips.