The Supreme Court of New York (Queens County) granted Elevate Outdoor Collective, LLC’s (sued as “K2 Sports, LLC”) Motion to Dismiss Plaintiff Eugene Duncan’s Complaint. Plaintiff alleged that K2’s website violated New York’s anti-discrimination statutes due to allegedly deficient screen reading software. K2 filed a Motion to Dismiss the Complaint arguing that Plaintiff failed to allege that he requested a reasonable accommodation from K2. The Court granted K2’s Motion finding that Plaintiff failed to notify K2 of his disability and failed to request a reasonable accommodation. Likewise, the Court held that Plaintiff could not proceed under a disparate impact theory as he could not identify any K2 “policy or practice” that perpetuated a disparate impact.