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Foxworth v. Dear Sundays Inc.

S.D.N.Y. · No. 1:26-cv-08865

Full docket on CourtListener ↗

No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
Dear Sundays Inc.source ↗
filed by Law Office of Jennifer E. Tucek, PC · No. 1:26-cv-08865 · 42:12188 Americans With Disabilities Act - Civil Enforcement Actions · view case timeline →
Comparable settlements $65K–$530K ▾
ADA accessibility claims show mixed outcomes: Lowell v. Lyft affirmed dismissal for failure to prove effective modification, while Holmes v. Bax affirmed ADA violations at summary judgment. Small single-location defendants often settle rather than litigate fully.
Comparable settlements $65K–$530K median $200K · n=3
Covenant Retiremen $530K · Association of Apa $200K · Home Depot U.S.A., $65K
Key precedent: Lowell v. Lyft (2d Cir.) — plaintiff bears burden to show proposed accessibility fix is reasonable/effective, a high bar for similar small-business ADA claims.
Main risk: Dismissal for failure to plead a concrete, effective accommodation, as in Lowell v. Lyft
Rough EV model (wide — class size is the big unknown, not a prediction): $2K–$60K
Small sample, no defendant history, no verdict data; ADA Title III suits are often injunctive with modest fee/settlement payouts. · grounded in 8 rulings, 3 settlements, 0 verdicts
FilingADA / AccessibilityS.D.N.Y.2026-10-07$65K–$530K
comparable settlements