Thomas v. Grunberg 77 LLC et al

Filing 84

MEMORANDUM DECISION AND ORDER adopting 83 Report and Recommendations re: 42 Motion for Summary Judgment filed by Grunberg 77 LLC, 49 Motion for Summary Judgment filed by 359 Columbus Avenue, LLC: Plaintiff, a wheelchair user, filed thi s action on March 13, 2015 asserting claims under Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181, the New York State Human Rights Law, N.Y.C. Admin. Code §§ 8-101, N.Y. Civ. Rights Law §§ ; 40-c and 40-d, and common law negligence, all arising out of the alleged inaccessibility of premises known as Isabella's Restaurant ("Isabella's"). ("Complaint," ECF No. 1.) This Court had original jurisdiction over th e ADA claim (see 28 §§ U.S.C. 1331, 1343) and supplemental jurisdiction over Plaintiff's related state and local claims (see 28 U.S.C. § 1367). Defendants, owner of the property ("Owner") and tenant ("Tenant") leasing the property and operating Isabella's, answered denying Plaintiff's allegations. (Answers, ECF 11, 16.) Additionally, Owner filed cross-claims against Tenant for contribution and/or indemnification. (Crossclaim Ans., ECF 19.) Both O wner and Tenant filed summary judgement motions against each other with respect to the cross-claims. (ECF Nos. 42, 49.) Before this Court is Magistrate Judge Moses's Report and Recommendation ("Report," ECF No. 83) recommending that th is Court dismiss Plaintiff's complaint brought under the ADA with prejudice, as moot, and dismiss all remaining claims and cross-claims brought under state and local law, without prejudice to refile in state court. This Court adopts the Report i n its entirety. Count I of Plaintiff's Complaint, brought under the ADA, is dismissed with prejudice as moot. All remaining claims and cross-claims in this action, brought under state and local law, are dismissed without prejudice. The Clerk of Court is directed to close the motions at ECF Nos. 42 and 49, and this case. (Signed by Judge George B. Daniels on 7/28/2017) (jwh)

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