Elder Advocacy Organisation Calls for Court Action in Morris County Dispute Involving Alleged Elder Exploitation

An elder rights group has formally asked to intervene in a New Jersey civil case, arguing that a 90-year-old plaintiff may have been subjected to financial abuse and unsafe business practices during a disputed automotive conversion project.

Elder Help Network has submitted a motion to appear as amicus curiae in Kerekes v. Polyak (Docket No. MRS L 000015-26), which is currently being heard in the Morris County Superior Court. The organisation is supporting claims brought by Robert Kerekes, describing him as a vulnerable elderly stroke survivor and requesting heightened judicial attention to safeguarding issues in the case.

Background to the dispute

The case centres on an electric vehicle conversion project involving Kerekes’ 2003 Acura NSX. According to the amicus filing, mechanic Samuel Polyak is accused of deviating from the agreed specifications of the build by installing second-hand Chevrolet Bolt battery packs rather than the Tesla battery system allegedly agreed upon in the original contract.

The submission claims that the replacement components have been associated with safety concerns in other contexts, including recall actions and fire-risk settlements, and argues that their use may have created unnecessary safety risks for both the vehicle owner and the public.

David Gutwill is also referenced within the broader allegations outlined in the court documents, though the precise nature of his involvement is disputed within the proceedings.

Alleged failure to comply with court order

Court filings referenced by the advocacy group indicate that a Writ of Replevin was issued on 14 April 2026, requiring the return of the vehicle along with all associated components. However, the amicus brief alleges that when the vehicle was ultimately returned, it was missing key mechanical parts, including the engine, transmission, and other components collectively valued at approximately $200,000.

The organisation cites anticipated testimony from Matt Pekham of Vintage Motor Management, who is expected to state that individuals linked to the defendants previously confirmed possession of all relevant parts prior to the return of the vehicle.

The filing further claims that explanations from the defendants have changed over time, including statements suggesting the parts were never received and later assertions that they were discarded as waste.

Elder vulnerability and legal concerns

Elder Help Network argues that the circumstances described in the case may constitute elder financial exploitation under New Jersey’s Adult Protective Services statutes. The organisation emphasises that Kerekes’ age, combined with his medical history following a stroke, places him in a category of heightened vulnerability, particularly in complex financial and contractual disputes.

The brief also raises concerns about procedural delays in the matter, including a rejected bankruptcy filing and alleged failure to comply with court orders. According to the organisation, these issues have contributed to prolonged uncertainty and may have hindered the recovery of property and resolution of the dispute.

Requests submitted to the court

In its filing addressed to Civil Presiding Judge Frank J. DeAngelis, the organisation is asking the court to take immediate steps to enforce the existing Writ of Replevin. It also requests that subpoenas be issued compelling testimony and production of documents from Samuel Polyak, David Gutwill, and defence counsel Mr. Yuniver.

In addition, the group is urging the court to consider referring the matter to the Morris County Prosecutor’s Office for potential investigation into allegations including theft, conversion, and exploitation of an elderly individual.

Role of the advocacy group

The motion states that the organisation’s participation is intended to assist the court by providing specialised insight into elder protection matters without taking a position on the underlying commercial dispute. It argues that amicus involvement will help ensure that issues relating to vulnerability and safeguarding are properly considered alongside the contractual claims.

The court has not yet ruled on whether Elder Help Network will be granted permission to participate in the proceedings or on any of the requested enforcement measures.

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