Altaune Brown v. 3700 Deli & Grocery Inc.

Background

Altaune Brown sued 3700 Deli & Grocery Inc., Magenta Realty LLC, and 2 Deli Grocery Inc. under Title III of the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law. Brown alleged that, on or about July 11, 2019, he tried to enter and patronize a store at 3700 White Plains Road in the Bronx, New York, but could not enter because of a step at the front door. The opinion states that Brown is paraplegic and uses a wheelchair. It describes the defendants as the lessees and/or operators, owner, lessor and/or operator, managing agent, and parties alleged to maintain and control the premises.

Brown sought declarations that the premises violated the cited laws, an order requiring accessibility modifications, $1,000 in damages, and reasonable attorney fees and costs. The defendants were served through the Secretary of State but failed to appear or respond. The Clerk issued certificates of default, and Brown moved for default judgment. After the court issued an order to show cause, the defendants did not reply.

Default-judgment standard

For default judgment, the court accepts the non-defaulting party’s factual allegations as true but does not automatically accept legal conclusions. The court must determine whether the well-pleaded allegations establish liability as a matter of law. A plaintiff seeking damages must provide evidence establishing the amount with reasonable certainty; a separate damages hearing is not always required.

Liability

The court held that Brown adequately alleged the elements of an ADA claim concerning the front entrance: he alleged a disability, that the store was a place of public accommodation, and that the entrance step was an architectural barrier. The court therefore granted default judgment on the ADA claims relating to that step. It stated that the result was the same under the New York State and New York City human-rights laws.

The court denied default judgment as to alleged barriers inside the store. Although Brown could seek removal of barriers he would likely encounter if he could access the premises, his complaint identified only the entrance step and did not detail how in-store displays or other interior features failed to accommodate him.

Relief

The court granted Brown’s request for a declaration that the defendants violated and continued to violate the ADA because the entrance step was an illegal barrier. It denied declaratory relief concerning the in-store barriers. The court also granted injunctive relief concerning the entrance step and denied it concerning the in-store barriers.

The court awarded Brown $1,000 in compensatory damages under the New York State and New York City laws. It explained that the ADA does not provide damages for this claim, while the state and city laws do. The court did not award attorney fees at this stage; it directed Brown to file a fee motion by February 26, 2021.

Order

The court granted the motion for default judgment in part. It ordered the three defendants to take necessary steps to provide an accessible entrance, including installing a ramp with appropriate slope and signage and/or providing another accessible and properly designated entrance. It also ordered signage informing people with disabilities that accessible services are provided and a safe, accessible emergency exit.

The defendants were required to submit architectural plans addressing the entrance problem to Brown’s counsel within 60 days. Brown then had 20 days after receiving the report to consent or seek further relief. The defendants were required to make the designated modification within 60 days after Brown’s consent or the court’s ruling on any request for further relief. The Clerk was directed to enter default judgment consistent with the order and close the case.