Pryor Cashman secured a victory for its client, Wykagyl Associates HJ, LLC, in an Americans With Disabilities Act lawsuit brought in the U.S. District Court for the Southern District of New York by a plaintiff alleging that she was denied access to a walkway at a shopping center. 

The lawsuit, which has been pending for nearly two years, alleged various barriers to access at the Wykagyl Shopping Center in New Rochelle, New York. One of the issues was whether a sidewalk was required to be made accessible. Plaintiff argued that because two routes were available to non-wheelchair users to access the front of the shopping center, one of which was the sidewalk at issue, it was a violation of the ADA for the Plaintiff to be denied access to that sidewalk. Wykagyl maintained that the sidewalk was not required to be made accessible because other accessible routes and access were provided. 

The parties submitted cross-motion for summary judgment on the issue. Pryor Cashman argued that because Wykagyl provided an accessible route to the Plaintiff, even if it was not the route she wanted, and because Wykagyl provided additional access to the Plaintiff to enable her to utilize the front of the shopping center, appropriate and compliant access was provided.  

On May 4, 2016, U.S. District Judge Katherine Forrest agreed with Pryor Cashman’s arguments and granted summary judgment to Wykagyl on the issue. 

Partner James S. O’Brien, Jr., Special Counsel Sarah E. Bell, and Associate Danielle Tepper, all members of Pryor Cashman’s Litigation Group, successfully represented Wykagyl.