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· 7/24/2012

Krist v. Kolombos Rest. Inc.

Citations

  • 688 F.3d 89
  • 26 Am. Disabilities Cas. (BNA) 1325
  • 2012 WL 3002598
  • 2012 U.S. App. LEXIS 15291

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that, in a bench trial, “[i]t is within the province of the district court as the trier of fact to decide whose testimony should be credited[.]”
  • explaining that, in a bench trial, “[i]t is within the province of the district court as the trier of fact to decide whose testimony should be credited”
  • affirming that intent is not a required element for a claim under Title III of the ADA but can be relevant to a claim for punitive damages under the NYCHRL
  • reviewing bench trial decision which considered whether plaintiff had established an ADA claim “by a preponderance of the evidence”
  • rejecting contention that Title III of the ADA imposes a civility code
  • acknowledging “[t]he State-law claim [NYSCHRL] is coextensive” with the ADA claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Carney, Wallace

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.