Thomas v. Grunberg 77 LLC et al
| Terrell Thomas |
| Grunberg 77 LLC and 359 Columbus Avenue, LLC |
| 1:2015cv01925 |
| March 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| George B. Daniels |
| Americans with Disabilities - Other |
| 28 U.S.C. ยง 1367 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
84
MEMORANDUM DECISION AND ORDER adopting 83 Report and Recommendations re: 42 Motion for Summary Judgment filed by Grunberg 77 LLC, 49 Motion for Summary Judgment filed by 359 Columbus Avenue, LLC: Plaintiff, a wheelchair user, filed thi s action on March 13, 2015 asserting claims under Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181, the New York State Human Rights Law, N.Y.C. Admin. Code §§ 8-101, N.Y. Civ. Rights Law §§ ; 40-c and 40-d, and common law negligence, all arising out of the alleged inaccessibility of premises known as Isabella's Restaurant ("Isabella's"). ("Complaint," ECF No. 1.) This Court had original jurisdiction over th e ADA claim (see 28 §§ U.S.C. 1331, 1343) and supplemental jurisdiction over Plaintiff's related state and local claims (see 28 U.S.C. § 1367). Defendants, owner of the property ("Owner") and tenant ("Tenant") leasing the property and operating Isabella's, answered denying Plaintiff's allegations. (Answers, ECF 11, 16.) Additionally, Owner filed cross-claims against Tenant for contribution and/or indemnification. (Crossclaim Ans., ECF 19.) Both O wner and Tenant filed summary judgement motions against each other with respect to the cross-claims. (ECF Nos. 42, 49.) Before this Court is Magistrate Judge Moses's Report and Recommendation ("Report," ECF No. 83) recommending that th is Court dismiss Plaintiff's complaint brought under the ADA with prejudice, as moot, and dismiss all remaining claims and cross-claims brought under state and local law, without prejudice to refile in state court. This Court adopts the Report i n its entirety. Count I of Plaintiff's Complaint, brought under the ADA, is dismissed with prejudice as moot. All remaining claims and cross-claims in this action, brought under state and local law, are dismissed without prejudice. The Clerk of Court is directed to close the motions at ECF Nos. 42 and 49, and this case. (Signed by Judge George B. Daniels on 7/28/2017) (jwh)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
