Rosenberg v. Fontainbleau Hotel Corp.

WILLIAMS, Judge.

This matter on appeal raises the question of whether summary judgment was properly granted in favor of the defendant Bankruptcy Trustee based on the plaintiffs assertion that the Trustee is personally liable for his failure to provide insurance coverage to protect its patrons from the hotel’s insolvency. For the reasons given below we believe that a material factual issue is in dispute and defendant is not entitled to judgment as a matter or law. Accordingly, we reverse and remand for a trial on the merits.

Plaintiff, Melva Rosenberg Hobbs, filed suit on February 20, 1976,…