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Second Circuit – Americans with Disabilities Act: Lugo v. The city of Troy, New York
Daily Record Staff//November 13, 2024//
Second Circuit – Americans with Disabilities Act: Lugo v. The city of Troy, New York
Daily Record Staff//November 13, 2024//
United States Court of Appeals for the Second Circuit
Americans with Disabilities Act — Standing – Complete record
Lugo v. The city of Troy, New York
22-3043
Judges Walker, Nardini, and Menashi
Background: The plaintiffs sued the defendant city under the Americans with Disabilities Act and the Rehabilitation Act alleging that the city failed to maintain pedestrian pathways that are accessible to their motorized wheelchairs. The plaintiffs appealed from the dismissal of their complaint.
Ruling: The Second Circuit vacated. The court held that the district court did not consider whether either party was entitled to summary judgment on the issue of standing based on the full record. Rather it resolved the issue of standing based on the pleadings, which was in error.
Christina Asbee, of Disability Rights New York, for the plaintiffs-appellants; Thomas J. O’Connor, of Napierski, VanDenburgh, Napierski & O’Connor, for the defendant.
Case Digests
- Fourth Department – Child custody: Liebetreu v. Sennett
- Second Circuit – Supervised release: United States v. Salvador
- Fourth Department – Child neglect: Matter of Alejandro G.-P and Neymar G.-P
- Fourth Department – Deaf juror: People v. Fleming
- Fourth Department – Sex Offender Registration Act: People v. Feldt
- Second Circuit – Arbitration agreement: The NY and Presbyterian Hosp. v. NYS Nurses Assoc.
- Fourth Department – Termination of parental rights: Matter of Kal-El F.
- Court of Appeals – Probation: People v. Brazeal; People v. Lora
- Fourth Department – Certificate of compliance: People v. Crews
- Fourth Department – Traffic stop: — Vehicle identification People v. Camber
- Court of Appeals – Public works projects: Walton, et al. v. Comfort Systems USA (Syracuse) Inc.
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- Legal Aid Society of Rochester leader retiring
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- Genesee Valley Club to pay $1.05M to settle federal case
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