Zelvin v. Steven Alan Holdings, LLC

Filing 20

DEFAULT JUDGMENT ORDERED, ADJUDGED AND DECREED: a. A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York, is hereby granted as follows: A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirem ents set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals; b. A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates ag ainst the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et se q., and the laws of New York; c. Compensatory damages in the amount of $1,500 including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New Y ork State Human Rights Law and City Law; d. Pre and post-judgment interest; e. An award of costs and expenses of this action, in the amount of $1,127, as well as attorneys' fees in the amount of $ 3,600. (Signed by Judge Edgardo Ramos on 6/3/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
__________________________________________
LYNN ZELVIN,
Plaintiff,
Case 1:23-cv-8025
-against-

PROPOSED DEFAULT JUDGMENT

STEVEN ALAN HOLDINGS, LLC
Defendant,
__________________________________________

This action having been commenced on September 11, 2023, by the filing of the Summons and
Complaint, and a copy of the Summons and Complaint having been personally served on
Defendant, on October 13, 2023, and a proof of service having been filed on November 14, 2023,
and the defendant not having answered the Complaint, and the time for answering the Complaint
having expired, it is:
ORDERED, ADJUDGED AND DECREED:
a.

A preliminary and permanent injunction to prohibit Defendant from
violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.,
N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq.,
and the laws of New York, is hereby granted as follows:
A preliminary and permanent injunction requiring Defendant to take all the
steps necessary to make its Website into full compliance with the

requirements set forth in the ADA, and its implementing regulations, so that
the Website is readily accessible to and usable by blind individuals;
b.

A declaration that Defendant owns, maintains and/or operates its

Website in a manner that discriminates against the blind and which fails to provide
access for persons with disabilities as required by Americans with Disabilities Act,
42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative
Code § 8-107, et seq., and the laws of New York;
c.

Compensatory damages in the amount of $1,500 including all applicable
statutory and punitive damages and fines, to Plaintiff and the proposed class
and subclasses for violations of their civil rights under New York State
Human Rights Law and City Law;

d.

Pre and post-judgment interest;

e.

An award of costs and expenses of this action, in the amount of
$1,127, as well as attorneys’ fees in the amount of $ 3,600;

f.

A hearing to be held in the courthouse to determine the specific amount of
damages, civil penalties, and reasonable attorney fees; and

g.

Such other and further relief as this Court may deem just, proper and
equitable.

June 3, 2024

Dated: New York, New York
_______________________________
Hon. Edgardo Ramos
United States District Judge