X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Wendy Fletcher and James Hughes bring this civil rights action against Defendants Village of Lake Placid and its employees Craig Randall, Art Devlin, Peter Holderied, Jason Leon, Janet Bliss, Anita Estling, and Brad Hathaway (the “Village Defendants”); Northwood School of Lake Placid and its employees Michael Maher and Thomas Broderick (the “Northwood Defendants”); James Brooks (“Defendant Brooks”); Bette & Cring Construction Group, LLC and its employees Matthew Bette, Dick White, Patrick Gebbie, and John Doe (the “Bette & Cring Defendants”); O’Neil Contracting, Bloomingdale, New York and its employee John O’Neil (the “O’Neil Defendants”); and Burke Excavation Demolition, Inc. and its employees Shawn Burke and Jodi Burke (the “Burke Defendants”). (Dkt. No. 60) (“Amended Complaint”). The above employee defendants are sued in their official and individual capacities. (Id.). Now before the Court are the following motions from Defendants: 1) the Village Defendants’ Motion to Dismiss (Dkt. No. 65); 2) the Northwood Defendants’ Motion to Dismiss (Dkt. No. 74); 3) Defendant Brooks’s Motion to Dismiss (Dkt. No. 76); 4) the Burke Defendants’ Motion to Dismiss (Dkt. No. 80); 5) the Bette & Cring Defendants’ Motion to Dismiss (Dkt. No. 82); and 6) the O’Neil Defendants’ Motion for Judgment on the Pleadings (Dkt. No. 105). Plaintiffs oppose these motions. (Dkt. Nos. 73, 88, 90, 93-94, 106). Plaintiff also moves to strike certain materials cited by the Village Defendants. (Dkt. No. 73). Most of the moving Defendants have also filed reply papers.1 (Dkt. Nos. 78, 96, 98, 102-03). II. FACTS2 Plaintiffs’ claims arise from the renovation and construction of the Northwood School building on Main Street in the Village of Lake Placid (the “Northwood Project”). (Dkt. No. 60). Plaintiffs are residents of the Village, and their home and property at 18 Grace Way in Lake Placid is adjacent to the Northwood School building. (Id.,

10-11, 47-49). Plaintiffs’ home is located on a property referred to as the “Fletcher Lot.” (Id., 49). Plaintiff Fletcher alleges that she is disabled due to multiple sclerosis and that “at times she needs to rely on a cane and a wheelchair for mobility.” (Id.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›