Plaintiff
- Name: Kareem Nisbett
- Filing date: May 14, 2019
- State of filing: New York
Defendant
- Name: Extell Development Company dbs 555 Ten
- Website: www.555ten.com
- Industry: Real Estate
- Summary: Extell Development Company operates as a real estate development company and sells and rents properties, as well as offers projects which includes residential, commercial, mixed-use, retail, and hospitality properties.
Case Summary
On May 14, 2019, Kareem Nisbett filed a Complaint in New York Federal court against Extell Development Company dbs 555 Ten. Plaintiff Kareem Nisbett alleges that www.555ten.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.
- Documents do not have a title.
- Document titles are blank.
- Data tables do not have row and column headers.
- Frames do not have a title.
- PDFs are not tagged and therefore are inaccessible to screen readers.
- Some pages have the same title so the title cannot be used to distinguish pages.
- Webpages have duplicate IDs which cause problems in screen readers.
- Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
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 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 make 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.
