Shariff v. Beach 90th Street Realty Corp. et al
||Appetito Deli Grocery Inc., Beach 90th Street Realty Corp., New Super Wok Corp., Hwa Yong Oh and Kyung Jin Oh
||May 26, 2011
||US District Court for the Eastern District of New York
||Eric N. Vitaliano
|Nature of Suit:
||Civil Rights: Americans with Disabilities - Other
|Cause of Action:
||42:1201 Civil Rights (Disability)
|Jury Demanded By:
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|December 20, 2013
ORDER ADOPTING REPORT AND RECOMMENDATIONS : Default judgment shall enter in favor of plaintiff and against Beach in the amount of $7,195.68, representing $1,000 in compensatory damages; $100 in statutory damages; $5,580.25 in att orney's fees; and $515.43 in costs. Additionally, should defendant permit the reopening of a restaurant at this location, then, upon electronic filing of proof of personal service of a copy of this Memorandum and Order on the operator of t he restauarant, an injunction shall issue, pursuant to which defendant, its assign and/or its lessee are toprovide an accessible route at the subject premises which complies with ADA andthe ADA Accessibility Guidelines ("ADAAG"), as follows : (1) Beach shall submit toplaintiff's counsel an architectural plan that remedies the ADAAG violationsidentified in the R&R within 60 days of the filing of the proof of service of thisMemorandum and Order; (2) within 30 days from receipt of def endant's plans,Shariff shall consent to it or seek further relief from the Court; (3) Beach shall makeany necessary alterations within 60 days of Shariff's consent or subsequent Order of this Court. The Clerk of Court is directed to enter judgment and to close this case for administrative purposes.. Ordered by Judge Eric N. Vitaliano on 12/16/2013. (Marziliano, August)
|April 8, 2013
MEMORANDUM AND ORDER: Parties had until March 27, 2013 to file objections to this R&R. No objections have been filed. After careful review of the record, the Court finds the R&R to be correct, well-reasoned, and free of any clear error. The Court, therefore, adopts the R&R in its entirety as the opinion of the Court. All claims as to defendant NSWC are dismissed without prejudice. Ordered by Judge Eric N. Vitaliano on 4/3/2013. (Brucella, Michelle)
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