Plaintiff
- Name: Brian Fischler
- Filing date: March 14, 2019
- State of filing: New York
Defendant
- Name: GreenOak Real Estate US LLC
- Website: www.biltmore.nyc
- Industry: Real Estate
- Summary: GreenOak Real Estate US LLC is an independent, partner owned, real estate focused principal investing and advisory firm. Among its properties is The Biltmore, an apartment building in New York City.
Case Summary
On March 14, 2019, Brian Fischler filed a Complaint in New York Federal court against GreenOak Real Estate US LLC. Plaintiff Brian Fischler alleges that www.biltmore.nyc is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images
- Document titles are blank
- Frames do not have a title
- PDFs are not properly tagged and therefore are inaccessible to screen readers
- Webpages have no headings
- Webpages have markup errors
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to take its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper
