MIAMI – A Palm Beach County
man claims a Boca Raton business failed to make upgrades to make its property
accessible to the disabled per the terms of a settlement agreement.
Howard Cohan filed a complaint on March 21 in
the U.S. District Court for the Southern District of Florida against Hurricane
Wings Realty of Boca West LLC, doing business as Hurricane Grill & Wings,
alleging breach of contract.
According to the complaint, the plaintiff alleges
that he filed a suit against the defendant over alleged violations of the
Americans with Disabilities Act and that the suit was dismissed in May 2016. As
part of the dismissal, the suit states that the parties entered into a
settlement and the defendant agreed to complete all modifications to the
premises to accommodate invitees with disabilities by Oct. 28, 2016.
The plaintiff holds Hurricane Wings Realty of
Boca West LLC responsible because the defendant allegedly failed to
commenced the required modifications to the premises as required by the ADA and
the settlement agreement.
The plaintiff seeks a requirement for the
defendant to alter its facilities, attorney's fees, all costs, expert fees,
expenses of suit, and further relief as it may deem just. He is represented by
Mark D. Feinstein of Feinstein & Sorota PA in Plantation.
U.S. District Court for the Southern District
of Florida Case number 9:17-cv-80366