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BROOKS SHOPPING v. DCHWWC

2010-645 W C.

32 Misc.3d 55 (2011)

929 N.Y.S.2d 354

2011 NY Slip Op 21244

BROOKS SHOPPING CENTERS, LLC, Appellant, v. DCHWWC RESTAURANT, INC., Doing Business as CHINA CITY EXPRESS, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided July 8, 2011.

Attorney(s) appearing for the Case

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers ( Lawrence Schiro of counsel), for appellant.

Robert F. Zerilli, Yonkers, for respondent.

IANNACCI, J.P., NICOLAI and MOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, the petition is reinstated, and the matter is remitted to the City Court for a new trial.

In 2006, an action against landlord, pursuant to the Americans with Disabilities Act (ADA) (42 USC § 12101 et seq.) and New York law (Executive Law § 296), was settled with the entry of a consent decree requiring landlord to cure ADA violations in the...

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