BERNSTEIN v. CITY OF NEW YORK, 13-CV-04610 (CM)(SN). (2015)
Court: District Court, S.D. New York
Number: infdco20150218c39
Visitors: 2
Filed: Feb. 17, 2015
Latest Update: Feb. 17, 2015
Summary: REPORT AND RECOMMENDATION SARAH NETBURN, Magistrate Judge. TO THE HONORABLE COLLEEN McMAHON: Plaintiff Richard H. Bernstein brings this action pursuant to Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12131, et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq. ("Rehabilitation Act"), against the City of New York (the "City") and the New York City Department of Transportation ("DOT") (collectively, the "City"). Bernstein alleges that he is
Summary: REPORT AND RECOMMENDATION SARAH NETBURN, Magistrate Judge. TO THE HONORABLE COLLEEN McMAHON: Plaintiff Richard H. Bernstein brings this action pursuant to Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12131, et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq. ("Rehabilitation Act"), against the City of New York (the "City") and the New York City Department of Transportation ("DOT") (collectively, the "City"). Bernstein alleges that he is b..
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REPORT AND RECOMMENDATION
SARAH NETBURN, Magistrate Judge.
TO THE HONORABLE COLLEEN McMAHON:
Plaintiff Richard H. Bernstein brings this action pursuant to Title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12131, et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 794, et seq. ("Rehabilitation Act"), against the City of New York (the "City") and the New York City Department of Transportation ("DOT") (collectively, the "City"). Bernstein alleges that he is blind and visits New York's Central Park (the "Park") from his home in Michigan, and that the Park is not readily accessible to the disabled because of problems related to, among other things, the placement of park signs, the width of sidewalks, the slopes of sidewalks and ramps, divots and holes in the sidewalk, and missing handrails. Bernstein seeks declaratory and injunctive relief.
The City filed a motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted and for lack of standing Because I find that Bernstein lacks standing, I recommend that the City's motion to dismiss be GRANTED.
Source: Leagle
