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Deleston v. Rancho Vegano Inc.

United States District Court, S.D. New York

December 16, 2019

JERMAINE DELESTON, Plaintiff,
v.
RANCHO VEGANO INC. d/b/a Rancho Vegano, and THE PALMETTO BAY GROUP, INC., Defendants.

          FINAL DEFAULT JUDGMENT AS TO THE PALMETTO BAY GROUP, INC.

          LORNA G. SCHOFIELD United States District Judge

         This action having been commenced on July 9, 2019, by the filing of a summons and complaint, and a copy of the Summons and Complaint having been served on Defendant THE PALMETTO BAY GROUP, INC., on July 18, 2019, and proofs of service having been filed on July 19, 2019, and said Defendant not having answered the complaint and the time for answering the complaint having expired, it is hereby

         ORDERED, ADJUDGED AND DECREED, as follows:

         1. That Plaintiff has Judgment against Defendant THE PALMETTO BAY GROUP, INC., to correct the following architectural barriers and violations of the Americans with Disabilities Act (“ADA”) within sixty (60) days (the “Remediation Order”) at the facility commonly referred to as Rancho Vegano, located at 2270 2nd Avenue, New York, New York 10035 (hereinafter the “Subject Facility”):

a. Inaccessible entrance at the Subject Facility.
b. Failure to provide an accessible route to the Subject Facility, for navigation by a wheelchair.
c. Failure to provide an accessible means of egress, at the existing step at the main entrance of the Subject Facility, for navigation by a wheelchair, in that the existing step at the main entrance of the Subject Facility acts as a barrier to accessibility.
d. The required ramp is not provided for the existing step at the main entrance of the Subject Facility.
e. The required minimum maneuvering clearance is not provided at the door of the main entrance.
f. Failure to provide a compliant change in the floor level within the required maneuvering clearance at the door of the main entrance of the Subject Facility, making the Subject Facility inaccessible to wheelchair bound patrons.
g. The existing step at the secondary entrance of the Subject Facility acts as a barrier to accessibility.
h. The required ramp is not provided for the existing step at the secondary entrance of the Subject Facility. i. The required minimum maneuvering clearance is not provided at the door of the secondary entrance of the Subject Facility. j. Failure to provide a compliant change in the floor level within the required maneuvering clearance at the door of the secondary entrance of the subject Facility, making the Subject Facility inaccessible to wheelchair bound patrons. k. Inaccessible dining tables: the required minimum knee and toe clearance is not provided at the dining tables and a minimum percentage of the existing dining tables required to be accessible is not provided.
l. Inaccessible bar: non-compliant height of the bar exceeds maximum height allowance, the required minimum knee and toe clearance is not provided at the bar, and the portion of the bar required to be accessible is not provided.
m. Failure to provide accessible and compliant restrooms in the Subject Facility in that the following violations were discovered during an inspection of the ...

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