Bernstein v. New York, City of, et al.

Filing 66

MEMO ENDORSEMENT re: 60 Report and Recommendations. ENDORSEMENT: After receiving the objection and agreeing with the fact that they are without merit, the court adopts the Report as its opinion and dismisses the complaint with prejudice and without leave to amend yet a second time. The Clerk shall enter judgment for defendants and close the file. (Signed by Judge Colleen McMahon on 2/19/2015) (kgo)

Case 1:13-cv-04610-CM-SN Document 60 Filed 01/07/15 Page 1 of 24
USDCSD:'\Y

UNITED ST ATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ELECTRO~lCALLY

FILED

DOC#: _ _ _ _ __

DATE FILED:_

1m201s

RICHARD HOWARD BERNSTEIN,
Plaintiff,
13-CV-04610 (CM)(SN)
-againstCITY OF NEW YORK, et al.,
Defendants.

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SARAH NETBURN, United States Magistrate Judge.
TO THE HONORABLE COLLEEN McMAHON:

REPORT AND
RECOMMENDATION

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
I
I
DATE FILED: 1- I {'1 I Ir;
L

I

Plaintiff Richard H. Bernstein brings this action pursuant to Title II of the Americans
with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12131, et seq., and the Rehabilitation Act of
1973, 29 U .S.C. § 794, et seq. ("Rehabilitation Act"), against the City of New York (the "City")
and the New York City Department of Transportation ("DOT") (collectively, the "City").
Bernstein alleges that he is blind and visits New York's Central Park (the "Park") from his home
in Michigan, and that the Park is not readily accessible to the disabled because of problems
related to, among other things, the placement of park signs, the width of sidewalks, the slopes of
sidewalks and ramps, divots and holes in the sidewalk, and missing handrails. Bernstein seeks
declaratory and injunctive relief.
The City filed a motion to dismiss the amended complaint pursuant to Federal Rule of
Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted and for lack