A homeless Vietnam veteran with a severe brain injury — suffered when an air conditioner fell on him — has miraculously been found, still alive, by the NYPD.
Decorated war hero Anthony Franzese has at least a million dollars coming his way via a pending lawsuit against the East Village apartment complex that let the air conditioner topple out a window and onto his head in 2010.
But Franzese, 73, remains severely traumatized and is now insisting he wants nothing to do with the seven-figure negligence payout that would easily be his if he would just agree to come to court, his frustrated lawyer told The Post.
Instead, on Monday, the lawyer is going to Manhattan Supreme Court — alone, but on Franzese's behalf — in hopes that he can convince a judge to compel the detective who found Franzese to bring him in off the streets.
Franzese is too mentally troubled to make decisions without a guardian or conservator, the lawyer argues.
"What guy with a sound mind would turn down more than a million dollars?" lawyer Stuart Shaw says of his prodigal plaintiff, who was located last week after a search by the Missing Persons Squad.
Franzese filed a $21 million lawsuit against landlord Zear LLC, building manager Zenon Chernyk, and the property's insurers. Then he vanished into the streets.
Manhattan Supreme Court Justice Richard Braun, has waited for nearly five years for the lawsuit to move forward, but recently warned he will dismiss the suit in April if Shaw doesn't produce his plaintiff.
Last week, Detective Michael McDonough called Shaw to say they had found Franzese. But there was a catch. Franzese just wants to be left alone.
"He should have a roof over his head," Franzese's nephew Nick Coletta of Rockland County told The Post. Coletta and his mother, who is Franzese's only sibling, are joining in the effort to bring him in off the street, at least for a mental-health evaluation.
"He has a traumatic brain injury and psychosis," Coletta said. "It's by the grace of God that he's still alive."
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