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Dunston v. Piotr and Lucyna LLC

Standing to Bring ADA Claim Lacking; Default Judgment Denied, 'Enron Oil' Factor Not Shown

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MEMORANDUM DECISION AND ORDER   On July 26, 2023, Magistrate Judge Sanket Bulsara issued a Report and Recommendation in which he recommended that the Court deny the plaintiff’s motion for default judgment and dismiss her complaint for lack of subject-matter jurisdiction; the plaintiff objected on August 10, 2023. For the following reasons, I adopt the Report and Recommendation in its entirety, and grant the plaintiff leave to amend the complaint. BACKGROUND On November 18, 2021, the plaintiff filed a complaint alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12181, et seq. (ECF No. 1.) She claims that physical barriers prevented her from accessing the defendant’s property at 168 Bedford Avenue, Brooklyn, New York 11249. According to the plaintiff, the property did not have a ramp on the front of the building, the doorway did not meet the minimum clearance for a wheelchair, and the bathroom was missing grab bars and accessible hand soap and paper towel dispensers. (Id. at 12.) As a result of these barriers, the plaintiff alleges that she has been denied “full and equal enjoyment of the goods and services” — which she does not describe — offered there (id. at

2, 10-12), and that the defendants are unlawfully discriminating against her in violation of the ADA (id. at

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