Legal Opinion

Kleinberg v. Nevele Hotel, LLC

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 2015Published

1Opinion of the CourtMcCarthy, J.

Appeal from an order of the Supreme Court (Work, J.), entered May 14, 2013 in Ulster County, which denied a motion by defendant Lexington Insurance Company for, among other things, summary judgment dismissing the complaint against it.

Plaintiffs commenced this declaratory judgment action seeking a declaration that defendant Lexington Insurance Company is obligated to defend and indemnify defendant Nevele Hotel, LLC in an underlying personal injury action. In the underlying action, plaintiffs allege that Nevele’s negligence caused plaintiff Robert Kdeinberg to sustain an injury on the slopes of…

2Cases cited12 opinions

  1. Great Canal Realty Corp. v. Seneca InsuranceNew York Court of Appeals · 2005
  2. Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
  3. Steinberg v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  4. Tower Insurance v. Lin Hsin Long Co.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Young v. New York State Department of InsuranceAppellate Division of the Supreme Court of the State of New York · 1989

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