dismissing ADA claim because "The defendant has submitted an affidavit establishing that the [] business is closed and the building is currently vacant"
Summary of this case from Dunbar v. Empire Szechuan Noodle House Inc.June 30, 2005.
Civil Rights — Discrimination in Public Accommodation. Executive Law — § 292 (9) (Human Rights Law; "place of public accommodation, resort or amusement" defined).
dismissing ADA claim because "The defendant has submitted an affidavit establishing that the [] business is closed and the building is currently vacant"
Summary of this case from Dunbar v. Empire Szechuan Noodle House Inc.In Charnoff v Baldwin Realty Group, Inc., 8 Misc 3d 1023(A), 2005 NY Slip Op 51252(U) [Sup Ct, Nassau County 2005], the Supreme Court held that plaintiff's right to seek monetary damages arising from an accessibility related violation of the Executive Law survives the closure of a public accommodation.
Summary of this case from Thomas v. Grunberg 77 LLCFull title:Charnoff v. Baldwin Realty Group, Inc
Court:Supreme Court of the State of New York
Date published: Jun 30, 2005
The Court is mindful that under Executive Law § 300 the provisions of Article 15 of the Executive Law shall…
Dunbar v. Empire Szechuan Noodle House Inc.Where, as here, such redress is no longer possible, the ADA claim becomes moot, depriving the court of…