· 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 CourtListenerSourced 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.