Monge v. 405 Hotel Llc

Monge v. 405 Hotel Llc

Opinion

REPORT AND RECOMMENDATION

LINDSAY, Magistrate Judge:

Before the Court, on referral from District Judge Feuerstein, are Plaintiff Javier Monge's ("Plaintiff") motion to amend the complaint and 405 Hotel LLC's ("Defendant") motion to dismiss the original complaint pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6). For the reasons set forth below, the undersigned respectfully recommends that Plaintiff's motion be granted, and Defendant's motion be denied.

BACKGROUND

I. Factual Background

The following facts are drawn from Plaintiff's Original Complaint, unless otherwise noted, and are accepted as true for purposes of the instant motion. Samuels v. Air Transp. Local 504, 992 F.2d 12, 15 (2d Cir. 1993). These facts, however, do not constitute findings of fact by the Court. See Colvin v. State University College at Farmingdale, No. 13-CV-3595 (SJF)(ARL), 2014 U.S. Dist. LEXIS 85678, 2014 WL 2864224, at *1 n.1 (E.D.N.Y. June 19, 2014).

Plaintiff's original complaint seeks injunctive relief, attorney's fees, and litigation costs pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181 et seq., and the ADA Accessibilities Guidelines [*2]  ("ADAAG"), 28 C.F.R. Part 36. ECF No. 1. Plaintiff, Javier Monge, suffers from cerebral palsy, is required to ambulate in a wheelchair, and has limited ability to grasp and squeeze with his hands. Compl. ¶ 8. Plaintiff suffers from a "qualified disability" under the ADA. Id. at ¶ 8. In the original complaint, Defendant 405 Hotel LLC is alleged to own or operate a hotel known as the Long Beach Hotel located at 405 East Broadway Long Beach, NY (the "Hotel"). Plaintiff alleges that Defendant 405 Hotel LLC is a Limited Liability Company, authorized to conduct and conducting business in the State of New York, and is the owner and/or operator of the Hotel. Id. at ¶ 9. In the Proposed Amended Complaint ("PAC") attached to Plaintiff's motion to amend, Plaintiff alleges that Defendant 405 Hotel LLC is the fee owner of the real property and the building which houses the Hotel and proposed Defendant Long Beach Hotel Inc. is a corporation authorized to conduct business in New York, and the owner of the Hotel. See PAC ¶¶ 9, 10.

The Hotel maintains a website at https://www.longbeachhotelny.com (the "Website").¹ Plaintiff alleges that through the Website, the Hotel describes various features and amenities available [*3]  to Hotel guests. The Hotel also uses third party websites to advertise its features and amenities, and to accept reservations. These include Hotels.com, Travelocity.com, Orbitz.com, and others (the "Third Party Sites"). Id. at ¶ 1. In the original complaint, Plaintiff alleges that Defendant 405 Hotel LLC has control over the content of the Website, and the Third Party Sites. Id. at ¶ 9. In the PAC, Plaintiff alleges that Defendant Long Beach Hotel Inc. has control over the content of the Website, and Third Party Sites. See PAC ¶¶ 9, 10.

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