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Adam I. Kleinberg
Partner

516.741.7676 (TEL)
516.741.9060 (FAX)
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State U. of New York at Albany
(1996)

Touro Law School
(1999)




Adam Kleinberg graduated from the State University of New York at Albany in 1996, obtaining his B.A. in Communication.  Adam obtained his J.D. from Touro Law School in 1999, where he served as a Notes & Comments Editor of the Touro Law Review and assisted Professor Martin Schwartz in the preparation of the text, Section 1983 Litigation: Claims and Defenses.  He is admitted to the bar of New York State as well as to the United States District Courts for the Eastern, Southern and Northern Districts of New York.

Adam is well versed in all aspects of litigation and routinely serves as defense counsel to various private corporations, non-profit entities, municipalities, school districts and police departments in various civil rights and employment law matters throughout New York State.  These include claims under the United States Constitution, the New York State Human Rights Law, Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act.  Additionally, he serves as general employment counsel to various entities, drafting employment and severance agreements, employee handbooks, and appearing at unemployment hearings.

Adam also has extensive experience in the defense of errors and omissions claims.  In this regard, he is frequently responsible for all aspects of the defense of complex malpractice claims brought against attorneys, insurance brokers, real estate brokers, property managers, and property associations.

Adam is also an experienced insurance coverage litigator, having represented insurers, both in and out of New York State, in declaratory judgment actions seeking to uphold various policy exclusions.  Additionally, Adam also has significant experience in handling the prosecution and defense of commercial litigation matters.

Adam has drafted and argued numerous motions and set forth below are some of his more recent successes:

  • Harbor View at Port Washington Homeowners Assoc., Inc. v. Port Washington Garbage District, et al., 2008 WL 3982696 (Supreme Court, Nassau County, August 2008). The Court granted a motion to dismiss the plaintiff homeowners’ association’s challenge to the validity of an ad valorem tax assessed against all residents within the municipal district.

  • Cuff v. Valley Central School District, et al., 07 Civ. 10996 (S.D.N.Y. , May 2008) (The Court granted a pre-answer motion to dismiss the First Amendment claims against the defendant school district and its teacher arising out of a suspension of a fifth grade student who made a threat of school violence.

  • N.W.E. Corp. v. Atomic Risk Mgmt of NY, 47 A.D.3d 488, 848 N.Y.S.2d 878 (1st Dept., January 2008) (The Appellate Court affirmed the lower court’s decision dismissing the claims of negligence and malpractice against the defendant insurance broker in their entirety).

  • U.S. Liability Insurance Co. v. Trance Nite Club, 2007 WL 2782714 (E.D.N.Y., Sept. 2007).  The District Court awarded summary judgment to the plaintiff insurer seeking to rescind an insurance policy issued upon a material misrepresentation in a policy renewal application.
     
  • Angilletta v. Mamaroneck Union Free School District, 2007 WL 1760766 (S.D.N.Y., June 2007).  The District Court dismissed plaintiffs’ claims under 42 U.S.C. 1983 against the defendant District and its officials, as they were subsumed by the comprehensive remedial scheme set forth in Title IX. 

  • Bill Wolf Petroleum Corp. v. Village of Port Washington North, 489 F.Supp.2d 203 (E.D.N.Y. May 2007).  The District Court denied plaintiff’s motion to remand the case to state court based on the Pullman abstention doctrine after the defendants properly removed the matter to federal court. 

  • Davis v. Oyster Bay-East Norwich Central School District, 2007 WL 926865 (2d Cir., March 2007).  The Second Circuit upheld the dismissal of the plaintiff’s federal and state law claims against the District and its officials alleging racial and disability discrimination/retaliation.

  • Humphris v. Town of East Hampton, 04-CV-03925 (E.D.N.Y., Feb. 2007).  The District Court granted summary judgment in favor of the Town and its official on plaintiff’s federal and state claims disability discrimination claims, finding that plaintiff was not a qualified individual with a disability, and that the defendants had reasonably accommodated the plaintiff.  

  • Greater New York Mutual Ins. Co. v. U.S. Underwriters Ins. Co., 2007 WL 45852 (1st Dept., January 2007). The Appellate Court reversed the lower court’s decision, dismissing the plaintiff’s complaint seeking reformation of the subject insurance policy.

  • P&N Tiffany Properties v. Maron, et al., 34 A.D.3d 548, 823 N.Y.S.2d 676 (2d Dept., November 2006). The Appellate Court upheld the award of costs to the defendant Village in connection with the dismissal of plaintiff’s malicious prosecution and abuse of process claims.

  • Gibson v. Urban Resource Institute, et al., (Supreme Court, Kings County, October 2006). Summary judgment awarded to the defendant employer as the Court found that the decision to terminate the plaintiff's employment was properly based on plaintiff’s insufficient work performance and inappropriate behavior.

  • Datri v. Incorporated Village of Bellport, et al. 2006 WL 2385429 (E.D.N.Y., August 2006) The Second Circuit affirmed an award of summary judgment in favor of the defendant Village and its officials on plaintiff’s due process and equal protection claims arising out of the denial of a boat permit and the enactment of new residency legislation.

  • Thompson v. Spring Valley Police Department, et al., 05-CV-2005 (S.D.N.Y., July 2006) (Summary judgment awarded to the police department and the individually named police chief and police officer on the plaintiff’s Fourth, Eighth and Fourteenth Amendment claims)

  • Caliendo v. Mineola Union Free School District, 04-CV-0390
    (E.D.N.Y., June 2006) (Summary judgment awarded to the defendant school district on plaintiff’s disability discrimination / retaliation claim)

  • Crowder v. Spring Valley Police Department, et al., 05-CV-8429 (S.D.N.Y., May 2006) (Summary judgment awarded to the police department and the individually named police officer on plaintiff’s false arrest, malicious prosecution and excessive force claims).

  • Ford Motor Credit Co. v. Louie, 2006 WL 1040718 (1st Dept., April 2006) (The Appellate Court reversed the lower Court’s decision relating to the interpretation of an automobile lease agreement, thereby dismissing plaintiff’s complaint in its entirety.)

  • Davis v. Oyster Bay-East Norwich Central School District, 2006 WL 657038 E.D.N.Y., March 2006) (Summary judgment awarded to the defendant school district and its officials on plaintiff’s federal and state law claims alleging racial and disability discrimination / retaliation.)

  • Bello v. Town of Wallkill, et al, 05 Civ. 8442, (S.D.N.Y., February 2006) (The Court granted the Town's motion to dismiss plaintiff's complaint, finding that the plaintiff could not set forth a prima facie case on either his Equal Protection or Due Process claims.)

  • U.S. Liability Ins. Co. v. Mountain Valley Ins. Co., 371 F.Supp.2d 554 (S.D.N.Y., May 2005) (Summary judgment awarded in a declaratory action between two insurers seeking a coverage determination as to their obligations relating to an underlying wrongful death suit.)

  • Hon Kuen Lo v Gong Park Realty Corp., 16 A.D.3d 553, 792 N.Y.S.2d 145 (2d Dept., March 2005) (The Appellate Court reversed the lower Court's decision, thereby vacating a default judgment against the corporate defendant who was able to show that it had moved from the address on file with the New York Secretary of State.)

Adam is also the co-author of the book "Mysteries of Wrestling: Solved," published by ECW Press.