Sokoloff Stern LLP

Adam I. Kleinberg

Adam Kleinberg graduated from the State University of New York at Albany in 1996, obtaining his B.A. in Communication. Mr. Kleinberg obtained his J.D. from Touro Law School in 1999, where he served as a Notes & Comments Editor of Touro Law Review. While in law school, he assisted Professor Martin Schwartz in the preparation of his leading 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, and the Second Circuit Court of Appeals.

Mr. Kleinberg is well-versed in all aspects of litigation. He routinely serves as defense counsel to 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, the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act of 1967 (“ADEA”). Additionally, he serves as general employment counsel to various entities, drafting employment and severance agreements, employee handbooks, and appearing at administrative hearings.

Mr. Kleinberg also has extensive experience in the defense of errors and omissions claims. In this regard, he has frequently been responsible for all aspects of defense of complex malpractice claims brought against insurance brokers, designers, real estate brokers, property managers, and property associations. Mr. Kleinberg has also advised risk purchasing groups on contract, licensing, and insurance coverage issues.

Mr. Kleinberg is also an experienced insurance coverage litigator, having represented insurers, both in and out of New York State, in declaratory judgment actions seeking to enforce coverage defenses. Additionally, Mr. Kleinberg has significant experience in handling the prosecution and defense of commercial litigation matters and the negotiation of franchise purchases.

Mr. Kleinberg represents a major retailer in land use and zoning matters. He also assists various companies who are facing an attempt by New York State to recover money from former members of a self-insured workers compensation trust.

Mr. Kleinberg has drafted and argued numerous motions. Set forth below are some of his more recent successes:

In Kirkpatrick v. Village of Washingtonville, et al., 2011 WL 1330745 (S.D.N.Y. 2011), the Court granted summary judgment in a First Amendment lawsuit brought against a Village, its Police Chief, and various Village Board members.

In Saldana v. Village of Port Chester, et al., 2011 WL 940206 (S.D.N.Y. 2011), the Court granted a pre-answer motion to dismiss a federal lawsuit alleging a claim of false arrest against a Village, its police department, and several police officers.

In Jackson v. City of Middletown, et al., 09-CV-6316 (S.D.N.Y. 2011), the Court granted summary judgment to the City on all federal claims asserted in a false arrest and excessive force lawsuit.

In Earl v. Mamaroneck Union Free School District, (N.Y.S.D.H.R. 2011), the New York State Division of Human Rights dismissed a custodial worker’s claims of racial and disability discrimination.

In Ottaviano v. Kings Park Union Free School District, et al., 2010 WL 5437720 (E.D.N.Y. 2010), the Court rejected a parent’s application for a temporary restraining order and preliminary injunction in a federal lawsuit seeking to overturn a school district’s student disciplinary decision.

In Mueller v. Netcost Market, (New York State Workers’ Comp. Board 2010), an Administrative Law Judge rejected an insurer’s attempt to disclaim coverage to its insured and directed the insurer to provide coverage to Mr. Kleinberg’s client.

In Vernon Buffa v. Clarkstown Central School District (N.Y.S.D.H.R. 2010), the New York State Division of Human Rights dismissed a teacher’s claims of national origin and religious discrimination.

In Lewis v. Town of Fishkill, et al., 06-CV-13763 (S.D.N.Y. 2010), the Court granted summary judgment to the Town and three of its police officers in a federal lawsuit alleging that the issuance of a criminal summons was part of a conspiracy to violate the plaintiff’s Constitutional rights.

In Jeffress v. Carroll, et al., 09 Civ. 5206 (S.D.N.Y. 2010), the Court granted summary judgment to three Town of Kent police officers dismissing a claim of false arrest where there were cross-complaints following a domestic dispute.

In Cuff v. Valley Central School District, 2010 WL 2104224 (S.D.N.Y. 2010), the Court granted summary judgment to the defendant school district and its elementary school principal in a First Amendment lawsuit challenging student discipline in response to a threat of school violence.

In Long Pond Association, Inc. v. Town of Carmel, (Sup. Ct. Putnam Co. 2010), the Court granted summary judgment to the defendant Town and dismissed the plaintiff homeowners’ association’s lawsuit seeking a determination that the Town was obligated to maintain and repair a number of privately owned roads.

In Spinelli v. Ivezaj, (Sup. Ct. Westchester Co. 2010), the Court dismissed all claims asserted against a Town Director of Planning. The lawsuit alleged that the Director of Planning had made fraudulent representations concerning the permitted commercial uses of a property.

In Brichta v. Town of Patterson, et al., (Sup. Ct. Putnam Co. 2010), the Court granted a pre-answer motion to dismiss a former Town employee’s claim of an improper termination of employment.

In Agostinello v. Great Neck Union Free School District, 353 Fed.Appx. 589 (2d. Cir. 2009), the Second Circuit affirmed the dismissal of a school custodian’s allegations of national origin, racial and disability discrimination.

In Sierotowicz v. North Brooklyn Housing Corp., et al., 04-CV-3886 (E.D.N.Y. 2009), Mr. Kleinberg convinced the United States District Court to grant summary judgment in favor of a not-for-profit community housing corporation in a case brought under the Fair Housing Act of 1968.

In Kurot v. E. Rockaway Fire Dep’t, 61 A.D.3d 760, 876 N.Y.S.2d 523 (2d Dep’t 2009), the Second Department reversed the lower court’s findings and upheld the determination of the respondent Fire Council to terminate petitioner’s membership in the Fire Department for his failure to abide by departmental policy and subsequent efforts to cover up his misconduct.

In Agostinello v. Great Neck Union Free School District, 2009 WL 238865 (E.D.N.Y. 2009), the United States District Court granted summary judgment to defendant school district on plaintiff’s disability, national origin, and racial discrimination/retaliation claims.

In Bates v. Fund for Community Leadership & Development, Inc., (N.Y.S.D.H.R., 2009), following a hearing, the New York State Division of Human Rights dismissed complainant’s religious discrimination and retaliation claims against his former employer.

In Cutner v. The Lantern Group, et al., 07-CV-8649 (S.D.N.Y. 2009), the United States District Court granted summary judgment in favor of the owner/operator of a special needs housing center on plaintiff tenant’s disability, national origin, and reverse discrimination claims.

In K.G. v. White Plains City School District, et al., 06-CV-644 (S.D.N.Y. 2008), plaintiff brought a claim of disability discrimination sounding in educational neglect. The United States District Court granted summary judgment to defendants.

In Williams v. Evergreen Professional Recoveries, Inc., 08-CV-5897 (S.D.N.Y. Dec. 2008), the United States District Court granted a pre-answer motion to dismiss the claims of a debtor seeking to create a class action for alleged violations of the Fair Debt Collection Practice Act.

In Rollins Enterprises v. Providence Mutual Fire Ins. Co., et al., (Sup. Ct. Nassau Co. 2008), Mr. Kleinberg, representing an insurance broker, obtained dismissal of state court lawsuit in which plaintiff asserted negligence claims against the broker.

In Datri v. Incorporated Village of Bellport, et al., 2006 WL 2385429 (E.D.N.Y. 2006), aff’d 2008 WL 4187966 (2d Cir. 2008), the Second Circuit affirmed an award of summary judgment in favor of defendant Village and its officials on plaintiff’s due process and equal protection claims arising out of the Village’s denial of a boat permit and the enactment of new residency legislation.

In Onorato v. Proctor, et al, (Sup. Ct. Nassau Co., 2008), the state court granted Mr. Kleinberg’s pre-answer motion to dismiss on behalf of a Village Building Inspector where plaintiffs failed to timely exhaust their administrative remedies in accordance with New York Village Law § 7-712-a(5)(b).

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

In N.W.E. Corp. v. Atomic Risk Mgmt of NY, 47 A.D.3d 488, 848 N.Y.S.2d 878 (1st Dep’t 2008), the Appellate Court affirmed the lower court’s decision dismissing all claims of negligence and malpractice against defendant insurance broker.

In U.S. Liability Insurance Co. v. Trance Nite Club, 2007 WL 2782714 (E.D.N.Y. 2007), the United States District Court awarded summary judgment to plaintiff insurer seeking to rescind an insurance policy issued upon a material misrepresentation in a policy renewal application.

In Angilletta v. Mamaroneck Union Free School District, 2007 WL 1760766 (S.D.N.Y. 2007), the United States District Court dismissed plaintiffs’ claims under 42 U.S.C. 1983 against defendant District and its officials, as they were subsumed by the comprehensive remedial scheme set forth in Title IX.

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

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

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

In P&N Tiffany Properties v. Maron, et al., 34 A.D.3d 548, 823 N.Y.S.2d 676 (2d Dep’t 2006), the Appellate Division upheld the award of costs to defendant Village in the dismissal of plaintiff’s malicious prosecution and abuse of process claims.

In Gibson v. Urban Resource Institute, et al., (Sup. Ct. Kings Co. 2006), the court granted summary judgment to defendant employer, finding that the decision to terminate plaintiff’s employment was properly based on plaintiff’s insufficient work performance and inappropriate behavior.

In Thompson v. Spring Valley Police Department, et al., 05-CV-2005 (S.D.N.Y. 2006), the United States District Court granted summary judgment to the police department and the individually named police chief and police officer on plaintiff’s Fourth, Eighth, and Fourteenth Amendment claims.

In Caliendo v. Mineola Union Free School District, 04-CV-0390 (E.D.N.Y. 2006), the United States District Court awarded summary judgment to defendant school district on plaintiff’s disability discrimination and retaliation claims.

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

In Ford Motor Credit Co. v. Louie, 2006 WL 1040718 (1st Dep’t, 2006), the Appellate Division reversed the lower court’s decision relating to the interpretation of an automobile lease agreement, thereby dismissing plaintiff’s complaint in its entirety.

In Davis v. Oyster Bay-East Norwich Central School District, 2006 WL 657038 (E.D.N.Y. 2006), the United States District Court granted summary judgment to defendant school district and its officials on plaintiff’s federal and state claims of racial and disability discrimination and retaliation.

In Bello v. Town of Wallkill, et al., 05 Civ. 8442 (S.D.N.Y. 2006), the United States District Court granted the Town’s motion to dismiss plaintiff’s complaint, finding that plaintiff could not set forth a prima facie case on either his equal protection or due process claims.

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