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Presmarita v. Metro-North Commuter R.R. Co.

Metro-North Need Not Provide Passengers With Wheelchairs Under ADA, Title II, Part B

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OPINION & ORDER

*1 On February 14, 2017, plaintiff Timothy Presmarita filed suit against Metro-North Commuter Railroad Company (“Metro-North”) seeking damages and injunctive relief after he was injured trying to disembark from a train at Grand Central Station. The core federal assertion is that Metro-North was required to provide him with a wheelchair at the point of disembarkation and to the street. He asserts that Metro-North’s failure to do so violated his rights to equal access to a public accommodation under Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12131, et seq., and pursuant to Section 504 of the Rehabilitation Act of 1973 (the “Rehabilitation Act”), 29 U.S.C. 794. Additionally, he has asserted state law claims that mirror these but also broadly capture specific conduct by Metro-North pursuant to which plaintiff alleges Metro-North assumed a duty of care which it then breached.*2

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