A legal complaint alleges that a popular casual restaurant in Manhattan is not accessible to individuals who use wheelchairs, raising concerns about compliance with federal, state, and city disability rights laws. The lawsuit was filed by Todd Kreisler on March 16, 2026 in the United States District Court for the Southern District of New York against Koscal 59 LLC and Perito Restaurant Corp., the landlord and tenant operators of Tramway Diner at 1079 1st Avenue.
According to the complaint submitted by Kreisler through his attorneys at Hanski Partners LLC, the defendants own, operate, and lease Tramway Diner but have failed to ensure that it is accessible to people with mobility disabilities. The plaintiff reports that he resides approximately 15 to 20 minutes from the diner and has patronized it several times due to his enjoyment of its food. However, he claims that both exterior and interior architectural barriers prevent him from safely entering or using the facilities as a wheelchair user.
The filing details specific obstacles encountered by Kreisler at Tramway Diner. Among these are changes in level greater than half an inch at the public entrance without an accessible ramp, lack of wheelchair maneuvering clearance at doorways, restrooms too small for wheelchair access, absence of grab bars in toilet rooms, non-compliant dining surfaces and counters that exceed allowable heights or lack necessary clearances for wheelchairs. The complaint states: “Defendants denied Plaintiff equivalent access through the architectural barriers they created and maintain at Tramway Diner.” It further asserts that despite renovations made after January 26, 1992—including work on storefronts, kitchens, dining areas, bars, counters, restrooms—these alterations did not bring the premises into compliance with accessibility standards.
Kreisler argues that these conditions violate 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 contends that both landlord Koscal 59 LLC and tenant Perito Restaurant Corp. are jointly responsible under these statutes as owners or operators of a place of public accommodation. The suit alleges ongoing injury due to deterrence from visiting because Kreisler remains aware that barriers persist: “Plaintiff continues to be deterred from patronizing Tramway Diner as he is aware that architectural barriers at Tramway Diner…continue to exist.”
The legal arguments center on claims that defendants have discriminated by failing to remove readily achievable barriers or provide reasonable alternatives for accessibility; maintaining policies or practices resulting in disparate impact on individuals with mobility disabilities; failing to provide reasonable accommodations; aiding or abetting each other’s discriminatory acts; and benefiting financially from non-compliance by diverting funds meant for accessibility improvements.
The complaint outlines violations under various standards including ADA Standards for Accessible Design (both 1991 and 2010 versions) as well as provisions from multiple iterations of New York City Building Code related to accessibility requirements for entrances, ramps, signage, dining surfaces, restrooms, maneuvering clearances at doors and more.
As remedies sought from the court, Kreisler requests declaratory judgment confirming violations by defendants; permanent injunction requiring remediation so Tramway Diner becomes fully accessible; compensatory damages under City Human Rights Law; punitive damages intended to punish or deter future violations; monetary penalties under State Human Rights Law and Civil Rights Law Section 40-d for each act of discrimination; attorney’s fees; costs; expenses; retention of jurisdiction until unlawful practices cease; auxiliary aids or services if needed; modification of policies where required; alternative methods where direct removal is not feasible; plus any further relief deemed just by the court.
The case was filed by Adam S. Hanski of Hanski Partners LLC representing Todd Kreisler. The case identification number is Civil Case No: 1:26-cv-2111.
Source: 126cv02111_Todd_Kreisler_v_Koscal_Complaint_Southern_District_of_New_York..pdf
