Brooks Shopping Centers, LLC v. DCHWWC Restaurant, Inc.

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, the petition is reinstated, and the matter is remitted to the City Court for a new trial.

In 2006, an action against landlord, pursuant to the Americans with Disabilities Act (ADA) (42 USC § 12101 et seq.) and New York law (Executive Law § 296), was settled with the entry of a consent decree requiring landlord to cure ADA violations in the common areas and in the premises occupied by its commercial tenants at the Cross County Shopping Center in Yonkers, New York. After an investigation revealed that a…