Joshua S. Bauchner, litigation partner at Mandelbaum Barrett PC, secured a major victory for a Manhattan property owner in a lawsuit alleging ADA violations. The plaintiff claimed that the property was inaccessible to wheelchair users due to the lack of a permanent ramp and insufficient signage. Bauchner, representing the property owner, successfully argued for summary judgment, demonstrating that the plaintiff lacked standing and failed to establish a case of disability discrimination.
Judge Lorna G. Schofield of the U.S. District Court for the Southern District of New York ruled in favor of the defense, noting that the plaintiff did not show a concrete intent to return to the property, a critical element in ADA cases.
Nuisance ADA lawsuits have become a growing threat to small businesses, as serial plaintiffs often target companies over minor or technical violations. These cases frequently seek quick settlements, forcing business owners to either pay up or endure costly legal battles. With ADA lawsuits increasing by 320% since 2013, property owners are finding themselves vulnerable to predatory litigation.
Bauchner’s success in this case demonstrates his skill in protecting property owners from the financial and reputational damage that nuisance lawsuits can cause.
Bauchner also recently authored an article titled “Strategic ADA Compliance: Safeguarding Your Business Against Litigation,” where he discusses the rise of these lawsuits and offers strategies for businesses to stay protected. You can read the full article here.
If you are facing ADA litigation or need guidance on ADA compliance, you can reach Joshua Bauchner at jbauchner@mblawfirm.com or 973-607-1269