Feltzin v. Triangle Properties #1, LLC

14-cv-5131 (E.D.N.Y. 2016).  We successfully obtained dismissal of a lawsuit claiming violations of the Americans with Disabilities Act (ADA) at our client’s commercial shopping center located in Nassau County, New York.  The plaintiff, a disabled resident of Florida who has brought more than 70 ADA cases against shopping centers, hotels and restaurants throughout Long Island, alleged that there were numerous ADA violations at our client’s shopping center and sought an award of attorneys’ fees and costs as well as injunctive relief.  The Federal District Court agreed with our argument that “it is not enough for a plaintiff to allege conditions that violate the ADA; he must also allege facts sufficient to establish that he has been injured by those violations.”  Finding that the plaintiff had failed to sufficiently allege a concrete and particular injury from any ADA violation at the shopping center, the court concluded that plaintiff lacked “standing” and dismissed the complaint due to lack of jurisdiction.