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Crosby v. McDonalds of Guilderland LLC

Franchises New Owner Is Liable for Conduct That Occurred Before Acquisition

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  On October 18, 2017, Plaintiff Johnny W. Crosby, Jr. (“Plaintiff”) filed a Complaint against Defendants McDonald’s of Guilderland, LLC (“Guilderland”) and Fran DeLeon in the Northern District of New York. See Dkt. No. 1. On October 30, 2017, Plaintiff filed an Amended Complaint that added Defendant Michell Wolf LLC (“MW”) as a party and alleged unlawful employment practices under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12101 et seq., the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§2601 et seq., and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §290 et seq. See Dkt. No. 6. Specifically, the Amended Complaint alleged three causes of action: (1) interference and retaliation in violation of the FMLA against all three Defendants, see id. at

30-38; (2) discrimination and retaliation in violation of the ADA against Guilderland and MW, see id. at

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