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Woods v. Kasztl Walsh LLC

Apartments Not Shown To Be 'Places of Public Accommodation' Under Title III of ADA

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Travis Woods brought this action against Defendants Kasztl Walsh, LLC and PF Michael Walsh, LLC, asserting claims under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12181 et seq., the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §290 et seq., and the New York State Civil Rights Law (“NYSCRL”), N.Y. Civ. Rights Law §40 et seq. (Dkt. Nos. 1, 20-21). Plaintiff filed a Complaint on May 18, 2022, (Dkt. No. 1), an Amended Complaint on May 12, 2023, (Dkt. No. 20), and a Second Amended Complaint¹ on May 15, 2023, (Dkt. No. 21). Defendants have not answered the Complaint, Amended Complaint, or Second Amended Complaint, nor have they otherwise appeared in this action. (See Dkt. Nos. 4-5, 8, 16, 18, 23, 25). Presently before the Court is Plaintiff’s motion under Federal Rule of Civil Procedure 55(b) for a default judgment against Defendants. (Dkt. No. 27). Plaintiff seeks declaratory and injunctive relief, compensatory damages, statutory damages, attorneys’ fees, and costs.² (Id.). For the reasons that follow, the Second Amended Complaint is dismissed for lack of standing with respect to the Rental Office, and Plaintiff’s motion is denied with respect to the Apartments. II. FACTS³ Plaintiff has paraplegia stemming from a spinal cord injury and is unable to walk, stand, or use his legs without assistance. (Dkt. No. 21,

5-6). Accordingly, Plaintiff “require[s] a wheelchair for mobility.” (Dkt. No. 27-3, 3). Defendants are “the owners and/or lessors” of the property located at 1216 Gray Avenue in Utica, New York (“the Property”). (Dkt. No. 21,

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