Mandelbaum Barrett PC successfully defended a business owner against an Americans with Disabilities Act (ADA) lawsuit filed in the Southern District of New York, captioned Lawrence v. Lee, et al. Our attorneys , Joshua S. Bauchner and Boris Peyzner, filed a pre-motion letter seeking leave to file a motion to dismiss, which convinced Plaintiff’s counsel to voluntarily dismiss the action.
Legal Challenges in ADA Litigation
ADA compliance is a critical consideration for businesses, but courts require plaintiffs to demonstrate legal standing to bring a claim. Specifically, plaintiffs must establish:
- A past injury resulting from an alleged ADA violation,
- A reasonable likelihood that the issue will persist, and
- A concrete intent to return to the property.
In this case, the plaintiff visited the property only once, over a year before filing the lawsuit, and did not demonstrate any intent to return. Furthermore, the complaint did not specify how the property violated the ADA or how any alleged barriers could be remedied. Our attorneys argued that these omissions warranted dismissal as a matter of law.
A Strategic Legal Defense
Our legal team filed a pre-motion letter outlining plaintiff’s failure to meet standing requirements under Calcano v. Swarovski N. Am. Ltd. and similar precedents. Additionally, they issued a Rule 11 letter warning that the lawsuit lacked legal support and requesting its voluntary dismissal to avoid potential sanctions. This strategic approach placed the burden on the opposing party to justify the legal bases of their claims.
As a result of our advocacy, the case was dismissed, saving our client time and resources that would have been spent on protracted litigation.
This outcome reinforces the importance of holding ADA claims to the appropriate legal standards. While accessibility remains important, lawsuits must be based on concrete facts and a genuine risk of future harm. Our defense not only protected our client from what we believed to be an unsupported claim but also set an important precedent in ensuring that ADA litigation follows established legal principles.
At Mandelbaum Barrett PC, we are committed to defending businesses while ensuring compliance with all applicable laws. If you are facing an ADA-related lawsuit or have questions about accessibility obligations, our team is available to provide guidance. Additionally, please review our prior guidance “Strategic ADA Compliance: Safeguarding Your Business Against Litigation.”