Below is the first part of an article by Brendan Pierson from newyorklawjournal.com. It reads
Eastern District Judge Jack Weinstein (See Profile) has dismissed a rent overcharge class action against an assisted living facility in Brooklyn where former Civil Court Judge John Phillips died, finding that the state law governing assisted living facilities does not create a private right of action.
The suit, Boykin v. 1 Prospect Park West ALF, 12-CV-6243, was brought by Samuel Boykin, Phillips’ nephew and administrator of his estate, and by people acting on behalf of two former residents. It sought to certify a class of everyone who paid rent to the facility before it was finally licensed by the state in 2012.
They allege that the facility represented itself as a licensed assisted living facility and charged inflated rent, which the plaintiffs would not have paid if they knew it wasn’t licensed.
Boykin is separately pursuing a wrongful death case against the home in state court, Boykin v. Prospect Park Residence Home Health Care, 002851/10, which is in the discovery stage.
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