Standing, realistically. A plaintiff has to plausibly show a real plan to come back to your business. Some ADA cases in New York have been dismissed when those allegations were thin. These complaints are built to avoid that. The one we read gives the plaintiff’s travel time to the restaurant, how many times a year he passes it and on what errands, and the menu items he wants to try. In at least three Manhattan cases brought by Hanski Partners, decided in April 2025, November 2025 and March 2026, federal judges denied motions to dismiss for lack of standing. In one of them, the court also rejected the argument that the plaintiff was a “tester” who sues many businesses. Check standing, but don’t build your plan around a quick dismissal.
What the law actually requires of your space. Sorting the complaint’s list into what is readily achievable, what falls under the stricter rule for altered spaces and what is covered by the 1991 safe harbor takes your own accessibility expert. It’s often where the real negotiation happens.
Fixing the barriers, with records. Completing and documenting the work can end the federal ADA claim, because that claim only asks for the barriers to be removed. It doesn’t end the state and city claims. New York City law also lets a court award fees when a lawsuit was the catalyst for a change, even a voluntary one. Talk to your lawyer before work starts, because timing and records matter. See why the order of fixing and responding matters.
The Civil Rights Law notice. The $100 to $500 penalty claim requires the plaintiff to serve notice on the New York Attorney General at or before the start of the case. In 2025 a New York appeals court upheld dismissal of a claim like this because notice wasn’t served in time. These complaints say notice was served. Your lawyer should confirm when.
The lease and your insurance. Read the lease’s repair, compliance with laws and indemnity clauses early. Then report the lawsuit to your insurance carrier. A general liability policy is written to cover bodily injury claims, and some of these complaints include one. Whether your policy responds depends on its terms and exclusions.
Your deadline and your first week. You generally have 21 days after you are served to answer or move to dismiss. If you signed and returned a waiver of service, you have 60 days from the date the request was sent. Write down the service date, find the lease and your renovation records, tell your landlord or tenant and your carrier, and photograph the entrance, tables and restrooms as they are today. Don’t call the plaintiff’s lawyer yourself.