Juscinska v. Paper Factory Hotel LLC

OPINION & ORDER Plaintiff Natalia Juscinska (hereinafter, “Plaintiff” or “Ms. Juscinska”) brings this action against Defendant Paper Factory Hotel, LLC (hereinafter, “Defendant”) alleging violations of the Americans with Disabilities Act (“ADA”) and the ADA Accessibility Guidelines (“ADAAG”). Plaintiff seeks injunctive relief and damages pursuant to New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”).PROCEDURAL HISTORYMs. Juscinska initiated this action on September 10, 2018. ECF No. 1. Defendant filed a Letter Motion with the Court requesting a pre-motion conference to discuss an anticipated motion to dismiss on October 23, 2018. ECF No. 7. On October 26, 2018, Plaintiff filed an Opposition to Defendant’s Letter Motion. ECF No. 8. The Court granted Defendant’s request, and, after multiple adjournments, held a Pre-Motion Conference on January 24, 2019. ECF Nos. 9-13. Following the Pre-Motion Conference, the Court granted Plaintiff leave to amend her Complaint, granted Defendant leave to file its Motion to Dismiss, and set a briefing schedule for the Parties. ECF No. 14In accordance with the briefing schedule set by the Court, Plaintiff filed an Amended Complaint (“FAC”) on January 31, 2019. ECF No. 16. On March 12, 2019, Defendant filed its Motion to Dismiss along with supporting documents. ECF Nos. 19-22. Plaintiff filed an Opposition on March 14, 2019, and Defendant replied to Plaintiff’s Opposition on March 21, 2019. ECF Nos. 21-22.Defendant’s Motion is deemed fully briefed. After careful consideration, Defendant’s Motion to Dismiss is hereby DENIED.BACKGROUND¹Ms. Juscinska is a graduate student in New York City, and she suffers from cerebral palsy. FAC

8, 20. Defendant “owns and/or operates” the Paper Factory Hotel located in Long Island City, New York. Id. 1. Ms. Juscinska alleges that she often takes “stay-cations” in the New York area. Id. 20. In an effort to plan an upcoming “stay-cation,” Plaintiff visited Defendant’s website in August of 2018. Id. 21. As someone with cerebral palsy, it is important for Plaintiff to be able to “independently asses whether the Hotel is accessible to her.” Id. According to the Complaint, upon her visit to Defendant’s website, Ms. Juscinska found no meaningful accessibility information pertaining to rooms, common areas, or hotel amenities. Id.