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Maury v. Ventura in Manhattan Inc.

Grocery's Tenant Denied Dismissal of ADA Suit's Claims Following Bankruptcy Sale

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DECISION AND ORDER: MOTION TO DISMISS Plaintiff Julie Maury (“Plaintiff”), who is disabled and uses a wheelchair, filed this action against the tenant and landlord of a Fairway Market grocery store (the “Store”) for violation of the American with Disabilities Act (the “ADA”) and its state and local counterparts. Defendants Ventura In Manhattan, Inc. (“Ventura”), and VSM NY Holdings LLC (“VSM”) are, respectively, the property’s current landlord and tenant. Earlier in the action, the predecessor tenant defendant, Fairway East 86th Street LLC (“Legacy Fairway”), filed for bankruptcy, at which point Plaintiff dropped Legacy Fairway from the case and added VSM as a defendant. Defendant VSM now moves to dismiss the claims against it pursuant to Federal Rule of Civil Procedure 12(b)(6) on the basis that Plaintiff’s claims are barred by the sale of the Store to VSM, and, alternatively, on the basis that Plaintiff has failed to plausibly plead a claim based on alterations made to the Store. For the following reasons, Defendant’s motion is DENIED. Factual And Procedural Background The facts are drawn from Plaintiff’s Third Amended Complaint, filed on October 30, 2020, which is the currently operative complaint (the “Complaint”), as well as from documents incorporated by reference in the Complaint, public records, and matters of which the Court may take judicial notice. See Kleinman v. Elan Corp., 706 F.3d 145, 152 (2d Cir. 2013) (identifying materials that a court may consider on motion to dismiss). A. Plaintiff’s Claims Plaintiff lives near and shops at the Store. (Compl.

9, 31.) On August 17, 2018, she commenced litigation against Legacy Fairway and Ventura. (Dkt. 1.) She alleged then, and continues to allege now against VSM as current operator of the Store, that the Store is a place of public accommodation not readily accessible as required by the ADA, state, and local law. (Compl.

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