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Mike Costello v. Liquor Town

UNITED STATES DISTRICT COURT NOT FOR PUBLICATION EASTERN DISTRICT OF NEW YORK


December 30, 2011

MIKE COSTELLO, PLAINTIFF,
v.
LIQUOR TOWN, INC., A NEW YORK CORPORATION, D/B/A LIQUOR TOWN, AND MAPLE10 LLC, A NEW YORK LIMITED LIABILITY COMPANY, DEFENDANTS.

The opinion of the court was delivered by: John Gleeson, United States District Judge:

ORDER DIRECTING ENTRY OF DEFAULT JUDGMENT INCLUDING AWARD OF INJUNCTIVE RELIEF

Plaintiff Mike Costello commenced this action on January 19, 2011, alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., the Administrative Code of the City of New York § 8-107 et seq. ("New York City Human Rights Law" or "NYCHRL"), and the New York State Executive Law § 296 et seq. ("New York State Human Rights Law" or "NYSHRL"). Costello's complaint named two defendants: Liquor Town, Inc. ("Liquor Town"), the owner of a store located in Brooklyn, New York, where Costello was allegedly denied equal access based on his disability, and Maple10, LLC ("Maple10"), the owner and lessor of the property on which Liquor Town is located.*fn1

On March 21, 2011, the Clerk of the Court entered a certificate of default, noting the default of defendant Maple10. See Dkt. 9. The notation of default indicated that Maple10 had failed to plead or otherwise defend the action in spite of receiving service of the summons and complaint. On April 11, 2011, Costello moved for entry of a default judgment against Maple10. See Dkt. 10. Upon my referral, Magistrate Judge Carter issued a report and recommendation, recommending that I deny Costello's motion on the ground that Costello failed adequately to allege that he suffered from a qualifying disability for purposes of the ADA, NYSHRL, and NYSCHRL. See Dkt. 14. On December 21, 2011, Costello filed a timely objection to Judge Carter's report and recommendation. See Dkt. 17. After considering Judge Carter's report and recommendation and Costello's objection thereto, I decline to adopt Judge Carter's report and recommendation and hereby grant Costello's motion for default judgment and direct the Clerk of the Court to enter default judgment against Maple10.

Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED that

1. Maple10 is directed to remove architectural barriers on the Liquor Town premises that constitute violations of the ADA, NYSHL and/or NYCHL, as described in the Complaint.

2. Maple10 is liable to Costello in the amount of one thousand dollars ($1000.00) in compensatory damages based on its violation of the NYSHL and NYCHL.

3. Maple10 must comply with the terms of this order within sixty (60) days of entry of the judgment.

4. This court retains jurisdiction relating to Costello's attorney's fees, and any motions regarding Costello's attorney's fees shall be filed within thirty (30) days of entry of the judgment.

So ordered.

John Gleeson, U.S.D.J.


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