DEGREGORIO v. RICHMOND ITALIAN PAVILLION, INC.

2010-04985

90 A.D.3d 807 (2011)

935 N.Y.S.2d 70

2011 NY Slip Op 9258

ILENE DEGREGORIO, Individually and on Behalf of All Others Similarly Situated, Appellant, v. RICHMOND ITALIAN PAVILLION, INC., Doing Business as BELLA VITA II, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 20, 2011.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action alleging that she was forced to leave the defendant's restaurant when the restaurant refused to permit her service dog inside the establishment. The plaintiff, who was not blind, required use of a service dog to, inter alia, help her maintain her balance.

On August 28, 2009, following a nonjury trial, the Supreme Court concluded, in effect, that the defendant violated the Americans...

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