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HYPERION MED. P.C. v. TRINET HR III, INC.

Index No. 654790/18. Appeal No. 12810. Case No. 2019-05573.

190 A.D.3d 456 (2021)

140 N.Y.S.3d 207

2021 NY Slip Op 00087

Hyperion Medical P.C., Appellant, v. TriNet HR III, Inc., et al., Defendants, and Steadfast Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2021.

Attorney(s) appearing for the Case

Echtman & Etkind, LLC, New York ( David Etkind of counsel), for appellant.

Ropers Majeski PC, New York ( Andrew L. Margulis of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

Plaintiff seeks coverage for employment discrimination claims with respect to a lawsuit commenced by a former employee during the policy period, two years after plaintiff received notice that the employee had made a discrimination claim with the Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights. The Steadfast policy provides that claims are deemed to be first made when the insured received notice of the claim, that more than one...

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