United States District Court, S.D. New York
YASEEN TRAYNOR A/K/A YASEEN TRAYLOR, on behalf of himself and all others similarly situated, Plaintiff,
NEFF, LLC, Defendant.
PLAINTIFF'S LAWYERS Yaakov Saks, Esq. STEIN SAKS, PLLC
DEFENDANT'S LAWYERS Peter T. Shapiro, Esq.
FREEMAN UNITED STATES MAGISTRATE JUDGE
Consent Decree is entered into as of the Effective Date, as
defined below in Paragraph 10, by and between the following
parties: Plaintiff Yaseen Traynor a/k/a Yaseen Traylor
("Plaintiff) and Defendant Neff, LLC
("Defendant"). Plaintiff and Defendant are
collectively referred to as the "Parties" for the
purposes and on the terms specified herein.
Title III of the Americans with Disabilities Act of 1990
("ADA"), 42 U.S.C. §§12181-12189 (the
"ADA"), and its implementing regulation, 28 C.F.R.
pt. 36, prohibit discrimination on the basis of disability in
the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations by any
private entity that owns, leases (or leases to), or operates
anyplace of public accommodation. 42 U.S.C. § 12182(a);
28 C.F.R. § 36.201(a).
or about July 3, 2019, Plaintiff filed this action in the
United States District Court for the Southern District of New
York captioned Yaseen Traynor a/k/a Yaseen Traylor v.
Neff LLC, (the "Action"). Plaintiff alleges
that Defendant's website and mobile applications
(together, the "Website") are not fully accessible
to individuals with disabilities in violation of Title Ill.
of the Americans with Disabilities Act of 1990
("ADA"), the New York State Human Rights Law
("NYSHRL"), and the New York City Human Rights Law
Defendant expressly denies that the Website violates any
federal, state or local law, including the ADA, NYSHRL,
NYSCRL, and the NYCHRL, and it denies any other wrongdoing or
liability whatsoever. By entry into this Consent Decree,
Defendant does not admit any wrongdoing.
Consent Decree resolves, settles, and compromises all issues
between the Parties in the Action.
Consent Decree is entered into by Plaintiff, individually,
but is intended to inure to the benefit of vision impaired
individuals who are members of the class alleged in the
Plaintiff alleges that Defendant is a private entity that
owns and/or operates the Website which is available through
the internet to personal computers, laptops, mobile devices,
tablets, and other similar technology. Plaintiff contends
that the Website is a service, privilege, or advantage of a
place of public accommodation subject to Title III of the
ADA. 42 U.S.C. §12181(7); 12182(a). Defendant denies
that the Website is a public accommodation or that it is a
place of public accommodation or otherwise subject to Title
III of the ADA, NYSHRL, and/or NYCHRL.
Court has jurisdiction over the Action under 28 U.S.C. §
1331 and 42 U.S.C. § 12188. The Parties agree that for
purposes of the Action and this Consent Decree venue is
Plaintiff and Defendant agree that it is in the Parties'
best interest to resolve the Action on mutually agreeable
terms without further litigation. Accordingly, the Parties
agree to the entry of this Consent Decree without trial or
further adjudication of any issues of fact or law raised in
Plaintiffs Complaint. In resolution of this Action, the
Parties hereby AGREE to the following:
Effective Date means the date on which this Consent Decree is
entered on the Court's Docket Sheet following approval by
Reasonable Efforts means, with respect to a given goal or
obligation, the efforts that a reasonable person or entity in
Defendant's position would use to achieve that goal or
obligation. Any disagreement by the Parties as to whether
Defendant has used Reasonable Efforts as provided for under
this Consent Decree shall be subject to the dispute
resolution procedures set forth in paragraphs 15 through 18
of this Consent Decree. Reasonable Efforts shall be
interpreted so as to not require Defendant to undertake
efforts the cost, difficulty or impact on the Website of
which could constitute an undue burden, as defined in Title
III of the ADA but as applied solely to the Website - as
though the Website were a standalone business entity, or
which efforts could result in a ...