FISCHLER v. MOINIAN, LLC d/b/a OSKAR

    Plaintiff

    • Name: Brian Fischler
    • Filing date: January 5, 2019
    • State of filing: New York

    Defendant

    • Name: Moinian LLC d/b/a/ MarcNY
    • Website: www.moiniam.com & www.marcny.com
    • Industry: Real Estate
    • Summary: Moinian LLC is a developer of prestigious commercial, retail, hotel, and residential properties in New York City, including the MarcNY building located at 260 West 54th Street.

    Case Summary

    On January 5, 2019, Brian Fischler filed a Complaint in New York Federal court against Moinian LLC d/b/a/ MarcNY. Plaintiff Brian Fischler alleges that www.moiniam.com & www.marcny.com 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. For example, images are labeled “mark_02.jpg.” and untagged links. 
    • The screen reader had difficulty navigating the website
    • Buildings and/or listings populated in a search are poorly labeled

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violations of the ADA, 42 U.S.C. § 1281 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 Moinian 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 Moinian to take all the steps necessary to make its Websites into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Websites are readily accessible to and usable by blind individuals
    • A declaration that Moinian owns, maintains and/or operates the Websites 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.

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