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JONES v. McDONALD'S CORP.

154184/19. Appeal No. 15254. Case No. 2021-00765.

202 A.D.3d 476 (2022)

162 N.Y.S.3d 345

2022 NY Slip Op 00814

Dustin Jones, Appellant, v. McDonald's Corporation et al., Respondents, et al., Defendant.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Parker Hanski LLC, New York ( Glen H. Parker of counsel), for appellant.

Clausen Miller, P.C., New York ( Don R. Sampen , of the bar of the State of Illinois, admitted pro hac vice, of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

Crediting the allegations of the amended complaint, as amplified by the papers submitted on the motions, there can be no question that, for purposes of standing to sue (see Matter of Schwartz v Morgenthau, 7 N.Y.3d 427, 432 [2006]; Utica Ins. Co. v RJR Maintenance Group, Inc., 90 A.D.3d 554, 555 [1st Dept 2011]), plaintiff, a disabled wheelchair user (see Executive Law § 296...

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