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DETKO v. BLIMPIES RESTAURANT

No. 95 CV 10172 (BDP).

924 F.Supp. 555 (1996)

Michael DETKO, Plaintiff, v. BLIMPIES RESTAURANT, S.A.M.C. Corporation and Mark Messina, Defendants.

United States District Court, S.D. New York.

May 2, 1996.

Attorney(s) appearing for the Case

Ambrose Waterson, Law Offices of Michael H. Sussman, Goshen, NY, for Plaintiff.

Edward L. Owen, Law Offices of Francis W. Turner Curyan, New York City, for Defendant Blimpie Restaurant.

Terrence J. Dwyer, Bronxville, NY, for Defendant Messina.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

This action for discrimination under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et. seq., and violations of state law is before this Court on defendants' motion to dismiss pursuant to Rule 12(b)(6). The facts as alleged in the complaint are as follows. The plaintiff, Michael Detko, "suffers from a disability that impairs his speech." Due to his speech impediment, Detko...

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