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FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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INDEX NO. /18
ARIK MATATOV,
Plaintiff SUMMONS
- against - Date Index No.Purchased:
May 9, 2018
243 E. 14TH CAFE INC.
Defendant(s)
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To the above named Defendant(s):
President / Treasurer/ Managing Member(s)
243 E. 14TH CAFE INC.
243 East 14th Street, New York City, NY 10003 -
County of New York
You are hereby summoned to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to
serve a notice of appearance, on the Plaintiffs attorney within 20 days after the
service of this summons, exclusive of the day of service (or within 30 days after
the service is complete if this summons is not personally delivered to you within
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the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the
complaint.
The basis of venue is Defendant's doing business in New York County
243 East 14th Street, New York City, NY 10003 substantial events giving rise to
Plaintiffs claims occurred in this State & County.
Dated: New York, New York
May 9, 2018
By /s/
JEFFREY NEIMAN
Attorney for the Plaintiff
57 W. 57Th Street
4th FLOOR
New York, NY 10019
(212) 244-4525
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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INDEX NO. /18
ARIK MATATOV,
Plaintiff
- against - COMPLAINT
243 E. 14TH CAFE INC.
Defendant
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COMPLAINT, REQUEST FOR EQUITABLE RELIEF, and
DEMAND FOR JURY TRIAL PARTIES
Plaintiff, Arik Matatov, by his attorney, Jeffrey Neiman., as and for its Verified
(" Complaint"
Complaint ("Complaint") alleges as follows:
1. The Plaintiff, Arik Matatov (hereafter "Matatov"), is located at 6611 99th
Street, in Rego Park, in the State of New York, County of Queens.
2. 243 East 14th Cafe Inc. (hereafter "The Winslow") is, upon information and
belief, a corporation chartered by and licensed to do business in the State of
MATATOV v. 243 E. 14TH CAFE INC.
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New York, with a business address located at 243 East 14th Street, County of
New York.
JURISDICTION
3. This Court has personal and subject matter jurisdiction over The Winslow by
reason of, among others, The Winslow does business in this State and County,
and a substantial part of the events giving rise to the Plaintiff's claims occurred
in this State. In addition, the Plaintiff seeks equitable relief; specifically, an
Order to compel The Winslow to comply with existing building, zoning, human
rights statutes, and all other applicable laws and regulations, and make all The
Winslow premises barrier free and handicapped accessible within ninety (90)
days.
4. Venue is proper in New York County by reason of the fact that at least one of
the parties is a resident of this County.
FACTS
5. Matatov is an individual with a disability which requires him to use a
wheelchair.
MATATOV v. 243 E. 14TH CAFE INC.
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6. 243 East 14th Cafe Inc. operates a Bar called The Winslow which is open to the
public.
7. The Winslow provides goods and services to the public and is a place of public
accommodation.
8. On 12/06/2017, Matatov travelled with a friend, Amner Barayev, (hereafter
"Barayev"), to The Winslow, located at 243 East 14th Street. [Plaintiff
specifically incorporates by reference the Affidavit of Matatov, dated March 15,
2018, filed separately herewith, in support and verification of facts alleged
herein.]
9. Matatov arrived at approximately 4:25 PM and entered The Winslow, located at
243 East 14th Street.
10.While there, Matatov wanted to use the restroom.
11.Matatov tried to enter the restroom stall but could not, as the stall was too small
for his wheelchair to fit inside.
12.Due to this, Matatov was unable to use the restroom.
13.There was no wheelchair access to the restrooms at The Winslow, and therefore
Arik Matatov was unable to use the restroom facilities while there.
MATATOV v. 243 E. 14TH CAFE INC.
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14.The Winslow, located at 243 East 14th Street, discriminates against people with
disabilities and is not accessible in accordance with the law.
FIRST CLAIM FOR RELIEF
VIOLATION OF NYC HUMAN (CIVIL) RIGHTS LAW
15.Plaintiff repeats, reiterates and re alleges each and every allegation contained in
the paragraphs set forth above, inclusive, with the same force and effect as if
hereinafter set forth at length below.
16.At all times herein mentioned, The Winslow created, designed, produced,
promoted, merchandised, marketed, and advertised its facilities, and sold goods
and services to the public as described above.
17.At all times herein mentioned, The Winslow failed to appropriately, adequately
and sufficiently provide barrier free, equal access facilities, goods and services
to disabled individuals; specifically, including, but not limited to Matatov.
18.The failure of The Winslow to be handicapped accessible is a violation of NYC
Human Rights Law.
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19.As a direct result of the acts and/or omissions of The Winslow, its agents,
servants and/or employees, Matatov was made to feel unwelcome and that his
patronage was not acceptable, desired or solicited.
20.As a direct result of the acts and/or omissions of The Winslow, its agents,
servants and/or employees, Matatov was denied barrier free, equal access to a
place of public accommodation.
21.By reason of the foregoing, The Winslow has violated the New York City
Human Rights Law, and other applicable laws and regulations.
22.By reason of the foregoing, The Winslow has become liable to Matatov for
violation of Matatov's basic human and civil rights.
23.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the sum of
ONE MILLION DOLLARS ($1,000,000.00) in compensatory damages and
ONE MILLION DOLLARS ($1,000,000.00) in punitive damages.
SECOND CLAIM FOR RELIEF
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
24.Plaintiff repeats, reiterates and re alleges each and every allegation contained in
the paragraphs set forth above, inclusive, with the same force and effect as if
hereinafter set forth at length below.
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25.As a direct result of the acts and/or omissions of The Winslow, its agents,
servants and/or employees, Matatov was denied barrier free equal access to a
place of public accommodation.
26.By reason of the foregoing, Matatov suffered the intentional infliction of mental
distress at the hands of The Winslow, its agents, servants and/or employees.
27.By reason of the foregoing, The Winslow has become liable to Matatov for the
intentional infliction of mental distress.
28.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the sum of
ONE MILLION DOLLARS ($1,000,000.00) in compensatory damages and
ONE MILLION DOLLARS ($1,000,000.00) in punitive damages.
THIRD CLAIM FOR RELIEF
FALSE ADVERTISING
29.Plaintiff repeats, reiterates and re alleges each and every allegation contained in
the paragraphs set forth above, inclusive, with the same force and effect as if
hereinafter set forth at length below.
30.The Winslow falsely marketed, promoted and advertised its goods and services
as being available to the public when, in fact, The Winslow, its agents, servants
MATATOV v. 243 E. 14TH CAFE INC.
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and/or employees, denied Matatov barrier free, equal access to, and facilities of,
The Winslow, a place of public accommodation.
31.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the ONE
MILLION DOLLARS ($1,000,000.00) in punitive damages.
FOURTH CLAIM FOR RELIEF
CLAIM FOR EQUITABLE RELIEF
32.Plaintiff repeats, reiterates and re alleges each and every allegation contained in
the paragraphs set forth above, inclusive, with the same force and effect as if
hereinafter set forth at length below.
33.The Plaintiff, Matatov, respectfully requests the Court enter an Order to compel
The Winslow to comply with existing building, zoning, and human rights
statutes, and all other applicable laws and regulations, and make The Winslow's
premises barrier free and handicapped accessible within ninety (90) days.
34.Matatov, and all others similarly situated, have been irreparably harmed by
being denied basic civil rights, and will continue to be harmed if the underlying
cause of the harm is not rectified.
MATATOV v. 243 E. 14TH CAFE INC.
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WHEREFORE: The Plaintiff, Matatov, prays this Honorable Court to enter an Order
directing the Defendant, 243 E. 14TH CAFE INC., a New York Corporation, to
comply with the New York City Human Rights Law, all other applicable NYC
Building Department and zoning provisions, mandating barrier free, equal access and
facilities for handicapped individuals be installed or made available in The Winslow's
facilities, within ninety (90) days, together with such other relief as the court deems
just and proper.
DEMAND FOR JURY TRIAL
The Plaintiff Matatov, respectfully demands trial by jury on all claims so triable.
Dated: New York, NY
May 9, 2018
/s/
By: JEFFREY NEIMAN
57 W. 57Th Street
4th FLOOR
New York, NY 10019
(212) 244-4525
Attorney for the Plaintiff, Arik Matatov
MATATOV v. 243 E. 14TH CAFE INC.
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Preview
FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------X INDEX NO. /18 ARIK MATATOV, Plaintiff SUMMONS - against - Date Index No.Purchased: May 9, 2018 243 E. 14TH CAFE INC. Defendant(s) ------------------------------------X To the above named Defendant(s): President / Treasurer/ Managing Member(s) 243 E. 14TH CAFE INC. 243 East 14th Street, New York City, NY 10003 - County of New York You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within 1 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is Defendant's doing business in New York County 243 East 14th Street, New York City, NY 10003 substantial events giving rise to Plaintiffs claims occurred in this State & County. Dated: New York, New York May 9, 2018 By /s/ JEFFREY NEIMAN Attorney for the Plaintiff 57 W. 57Th Street 4th FLOOR New York, NY 10019 (212) 244-4525 2 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------X INDEX NO. /18 ARIK MATATOV, Plaintiff - against - COMPLAINT 243 E. 14TH CAFE INC. Defendant ------------------------------------X COMPLAINT, REQUEST FOR EQUITABLE RELIEF, and DEMAND FOR JURY TRIAL PARTIES Plaintiff, Arik Matatov, by his attorney, Jeffrey Neiman., as and for its Verified (" Complaint" Complaint ("Complaint") alleges as follows: 1. The Plaintiff, Arik Matatov (hereafter "Matatov"), is located at 6611 99th Street, in Rego Park, in the State of New York, County of Queens. 2. 243 East 14th Cafe Inc. (hereafter "The Winslow") is, upon information and belief, a corporation chartered by and licensed to do business in the State of MATATOV v. 243 E. 14TH CAFE INC. 1 3 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 New York, with a business address located at 243 East 14th Street, County of New York. JURISDICTION 3. This Court has personal and subject matter jurisdiction over The Winslow by reason of, among others, The Winslow does business in this State and County, and a substantial part of the events giving rise to the Plaintiff's claims occurred in this State. In addition, the Plaintiff seeks equitable relief; specifically, an Order to compel The Winslow to comply with existing building, zoning, human rights statutes, and all other applicable laws and regulations, and make all The Winslow premises barrier free and handicapped accessible within ninety (90) days. 4. Venue is proper in New York County by reason of the fact that at least one of the parties is a resident of this County. FACTS 5. Matatov is an individual with a disability which requires him to use a wheelchair. MATATOV v. 243 E. 14TH CAFE INC. 4 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 6. 243 East 14th Cafe Inc. operates a Bar called The Winslow which is open to the public. 7. The Winslow provides goods and services to the public and is a place of public accommodation. 8. On 12/06/2017, Matatov travelled with a friend, Amner Barayev, (hereafter "Barayev"), to The Winslow, located at 243 East 14th Street. [Plaintiff specifically incorporates by reference the Affidavit of Matatov, dated March 15, 2018, filed separately herewith, in support and verification of facts alleged herein.] 9. Matatov arrived at approximately 4:25 PM and entered The Winslow, located at 243 East 14th Street. 10.While there, Matatov wanted to use the restroom. 11.Matatov tried to enter the restroom stall but could not, as the stall was too small for his wheelchair to fit inside. 12.Due to this, Matatov was unable to use the restroom. 13.There was no wheelchair access to the restrooms at The Winslow, and therefore Arik Matatov was unable to use the restroom facilities while there. MATATOV v. 243 E. 14TH CAFE INC. 5 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 14.The Winslow, located at 243 East 14th Street, discriminates against people with disabilities and is not accessible in accordance with the law. FIRST CLAIM FOR RELIEF VIOLATION OF NYC HUMAN (CIVIL) RIGHTS LAW 15.Plaintiff repeats, reiterates and re alleges each and every allegation contained in the paragraphs set forth above, inclusive, with the same force and effect as if hereinafter set forth at length below. 16.At all times herein mentioned, The Winslow created, designed, produced, promoted, merchandised, marketed, and advertised its facilities, and sold goods and services to the public as described above. 17.At all times herein mentioned, The Winslow failed to appropriately, adequately and sufficiently provide barrier free, equal access facilities, goods and services to disabled individuals; specifically, including, but not limited to Matatov. 18.The failure of The Winslow to be handicapped accessible is a violation of NYC Human Rights Law. MATATOV v. 243 E. 14TH CAFE INC. 6 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 19.As a direct result of the acts and/or omissions of The Winslow, its agents, servants and/or employees, Matatov was made to feel unwelcome and that his patronage was not acceptable, desired or solicited. 20.As a direct result of the acts and/or omissions of The Winslow, its agents, servants and/or employees, Matatov was denied barrier free, equal access to a place of public accommodation. 21.By reason of the foregoing, The Winslow has violated the New York City Human Rights Law, and other applicable laws and regulations. 22.By reason of the foregoing, The Winslow has become liable to Matatov for violation of Matatov's basic human and civil rights. 23.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the sum of ONE MILLION DOLLARS ($1,000,000.00) in compensatory damages and ONE MILLION DOLLARS ($1,000,000.00) in punitive damages. SECOND CLAIM FOR RELIEF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 24.Plaintiff repeats, reiterates and re alleges each and every allegation contained in the paragraphs set forth above, inclusive, with the same force and effect as if hereinafter set forth at length below. MATATOV v. 243 E. 14TH CAFE INC. 5 7 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 25.As a direct result of the acts and/or omissions of The Winslow, its agents, servants and/or employees, Matatov was denied barrier free equal access to a place of public accommodation. 26.By reason of the foregoing, Matatov suffered the intentional infliction of mental distress at the hands of The Winslow, its agents, servants and/or employees. 27.By reason of the foregoing, The Winslow has become liable to Matatov for the intentional infliction of mental distress. 28.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the sum of ONE MILLION DOLLARS ($1,000,000.00) in compensatory damages and ONE MILLION DOLLARS ($1,000,000.00) in punitive damages. THIRD CLAIM FOR RELIEF FALSE ADVERTISING 29.Plaintiff repeats, reiterates and re alleges each and every allegation contained in the paragraphs set forth above, inclusive, with the same force and effect as if hereinafter set forth at length below. 30.The Winslow falsely marketed, promoted and advertised its goods and services as being available to the public when, in fact, The Winslow, its agents, servants MATATOV v. 243 E. 14TH CAFE INC. 8 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 and/or employees, denied Matatov barrier free, equal access to, and facilities of, The Winslow, a place of public accommodation. 31.By reason of the foregoing, Plaintiff, Matatov, has been damaged in the ONE MILLION DOLLARS ($1,000,000.00) in punitive damages. FOURTH CLAIM FOR RELIEF CLAIM FOR EQUITABLE RELIEF 32.Plaintiff repeats, reiterates and re alleges each and every allegation contained in the paragraphs set forth above, inclusive, with the same force and effect as if hereinafter set forth at length below. 33.The Plaintiff, Matatov, respectfully requests the Court enter an Order to compel The Winslow to comply with existing building, zoning, and human rights statutes, and all other applicable laws and regulations, and make The Winslow's premises barrier free and handicapped accessible within ninety (90) days. 34.Matatov, and all others similarly situated, have been irreparably harmed by being denied basic civil rights, and will continue to be harmed if the underlying cause of the harm is not rectified. MATATOV v. 243 E. 14TH CAFE INC. 9 of 10 FILED: NEW YORK COUNTY CLERK 05/10/2018 08:42 AM INDEX NO. 154366/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/10/2018 WHEREFORE: The Plaintiff, Matatov, prays this Honorable Court to enter an Order directing the Defendant, 243 E. 14TH CAFE INC., a New York Corporation, to comply with the New York City Human Rights Law, all other applicable NYC Building Department and zoning provisions, mandating barrier free, equal access and facilities for handicapped individuals be installed or made available in The Winslow's facilities, within ninety (90) days, together with such other relief as the court deems just and proper. DEMAND FOR JURY TRIAL The Plaintiff Matatov, respectfully demands trial by jury on all claims so triable. Dated: New York, NY May 9, 2018 /s/ By: JEFFREY NEIMAN 57 W. 57Th Street 4th FLOOR New York, NY 10019 (212) 244-4525 Attorney for the Plaintiff, Arik Matatov MATATOV v. 243 E. 14TH CAFE INC. 10 of 10