A local resident who uses a wheelchair is seeking court intervention after being unable to access a neighborhood food market and casual restaurant due to steps at its entrance. The complaint, filed by Todd Kreisler in the United States District Court for the Southern District of New York on March 9, 2026, names 400 East 53rd Street, LLC (the landlord) and Heavenly Food Market First Ave Inc. (the tenant operator of Heavenly Market & Cafe) as defendants.
According to the filing, Kreisler alleges that both defendants own, operate, or lease space at 400 East 53rd Street in Manhattan where Heavenly Market & Cafe is located. He claims that architectural barriers—including steps at the public entrance—make the establishment inaccessible to individuals who use wheelchairs. The complaint states: “Heavenly Mkt Cafe is not readily accessible to and usable by individuals with disabilities that use wheelchairs.”
Kreisler reports that he lives approximately 20 minutes from Heavenly Market & Cafe and passed by its location multiple times in both 2024 and 2025. Drawn by advertising for breakfast and dinner offerings, he wished to patronize the cafe but was unable to do so because of steps at the entrance. The complaint describes how these steps are “significantly greater than [a half] inch in height” and lack ramps or lifts required for accessibility.
The lawsuit details several legal arguments under federal, state, and city law. Kreisler alleges violations of Title III of the Americans with Disabilities Act (ADA), Article 15 of New York Executive Law (State Human Rights Law), New York Civil Rights Law Section 40 et seq., and Title 8 of the Administrative Code of New York City (City Human Rights Law). He asserts that both landlord and tenant are responsible under these laws as owners or operators of a place of public accommodation.
The complaint outlines specific accessibility issues beyond just entry steps. These include lack of an accessible route from sidewalk to entrance; walking surfaces with excessive slope; absence of required signage indicating accessible entrances; insufficient maneuvering clearance at doorways; lack of accessible dining surfaces inside; obstructed tables preventing forward approach by wheelchair users; counters exceeding permitted heights; missing knee and toe clearances under counters; and failure to identify any accessible seating areas with proper symbols.
Kreisler argues that recent renovations performed in 2024 during construction work for Heavenly Market & Cafe did not address accessibility requirements mandated by federal ADA standards as well as various versions of New York City Building Code. He states: “Heavenly Mkt Cafe’s space was Altered without providing for the minimum required physical accessibility necessary for disabled individuals that use wheelchairs.”
The suit claims ongoing harm: Kreisler continues to be deterred from visiting due to knowledge that barriers remain unaddressed. He contends that but for these obstacles he would patronize Heavenly Market & Cafe regularly, stating his intent to visit again if accessibility improvements are made.
For relief, Kreisler requests declaratory judgment recognizing violations by defendants under ADA regulations and city human rights law. He seeks a permanent injunction ordering remediation so that Heavenly Market & Cafe becomes fully accessible—including compliance with all relevant accessibility standards—plus compensatory damages under city law, punitive damages intended as deterrence, monetary penalties per act of discrimination pursuant to civil rights statutes, attorneys’ fees, costs, expenses, and other appropriate remedies.
Notice has been served upon the New York Attorney General as required by statute regarding civil rights claims.
Kreisler is represented by Adam S. Hanski of Hanski Partners LLC. The case is identified as Civil Case No: 1:26-cv-1901.
Source: 126cv01901_Todd_Kreisler_v_400_East_Complaint_Southern_District_of_New_York.pdf
