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