Article Courtesy of The Sun Sentinel

By Joe Kollin

Published April 27, 2007

A Margate condo association has dropped its lawsuit against a wheelchair-bound widow for allowing two caretakers to stay with her around the clock.

Rose Normoyle, 86, who worked as a "Rosie the Riveter" in Long Island aircraft factories during World War II, had been accused of violating rules that prohibit "unauthorized and-or transient occupants from residing in the unit."

The association's decision, made public on Thursday, means Normoyle can remain in the apartment at Lakewood on the Green Condominium I where she has lived since 1988. Without caretakers, Normoyle, whose memory and health are failing, would have had to move to an assisted living or nursing home.

The association said in its dismissal that the matter was "amicably resolved."

The board's attorney, Rachel E. Frydman, did not respond to two phone calls requesting comment. Board president Steven Rosenberg could not be reached for comment.

Although Normoyle wasn't available to comment, her friend and condo co-owner, Louis D'Agostino, said the case isn't over.

He said he had to hire an attorney to fight for the widow and now he wants reimbursement from the association.

"They cost me over $2,000 for a lawyer. I want to get that money back," D'Agostino said on Thursday. "They started it. They filed something they shouldn't have filed."

The association plans to "vehemently" object to that demand, according to an April 10 letter from Frydman, which told of the association's intent to dismiss the case. Broward County Judge Catalina M. Avalos will hear arguments on May 23.

D'Agostino, 69, a retired New York City firefighter, is also paying for the two caretakers who work 12-hour shifts to care for Normoyle, who has no children and lives on Social Security.

The association filed the lawsuit on Feb 8, but a week later Frydman admitted to Normoyle's attorney that the widow needed the caretakers. Rather than drop the suit, court records show the association amended it to accuse the caretakers of causing a nuisance by washing their cars, using too much water in the laundry room and being "loud and disrespectful" to board members.

Frydman offered to drop the matter if the aides agreed in writing not to cause any further nuisances and if Normoyle and D'Agostino didn't demand the association pay the fees of their attorney, Blaine Carneal of Orange Park.

Carneal, meanwhile, accused the association of violating Normoyle's civil rights and fair housing laws and asked the Florida Attorney General's Office to investigate.

On Tuesday, Carneal formally demanded the association pay him.

"The association didn't mind asking for attorney's fees from Rosie, so she ought to be able to do the same from them," he said. "It's a case that never should have been brought to begin with."