Kreisler v. Second Avenue Diner Corp. et al
Todd Kreisler |
Second Avenue Diner Corp. and J.J.N.K. Corp. |
1:2010cv07592 |
October 4, 2010 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Richard J. Sullivan |
Americans with Disabilities - Other |
42 U.S.C. ยง 12112 |
None |
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Filing 53 OPINION AFTER BENCH TRIAL: For the reasons stated above, the Court finds that Plaintiff has met his burden with respect to the step outside of the Diner, the lack of proper signage, the absence of a rear grab bar in the men's restroom, and the l ack of insulation over the restroom pipes. Judgment is thus entered in favor of Plaintiff against Defendants, who shall be jointly and severally liable, as follows: IT IS HEREBY ORDERED THAT Defendants shall initiate the process for obtaining a permi t to build a permanent ramp along Second Avenue no later than October 10, 2012, and shall build a permanent ramp that complies with ADA standards within 90 days of the date it receives the appropriate permits. IT IS FURTHER ORDERED THAT Defendants s hall install a rear grab bar in the men's restroom of the Diner no later than October 10, 2012. IT IS FURTHER ORDERED THAT Defendants shall install insulation over the pipes under the sinks in both restrooms no later than October 10, 2012. IT IS FURTHER ORDERED THAT Defendants shall post an updated permanent sign outside of the Diner no later than October 10, 2012. IT IS FURTHER ORDERED THAT Defendants shall pay Plaintiff $1,000 in damages no later than October 10, 2012. IT IS FURTHER ORDERED THAT Plaintiff shall make a submission detailing the costs and attorney's fees incurred in connection with this case no later than October 10, 2012. Defendants' opposition, if any, is due by November 10, 2012. (Signed by Judge Richard J. Sullivan on 9/10/2012) (cd) |
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