Year: 2015

Dec 1st, 2015

FKB’s A. Michael Furman, Andrew R. Jones and Bain R. Loucks win an appeal in the Appellate Division, First Department and obtain dismissal of a Legal Malpractice case arising out of an underlying Commercial Real Estate Transaction

The action arose from allegations that FKB’s client (the “Law Firm”) negligently represented the Plaintiff in connection with a $1,050,000 investment in a failed real estate investment in a hotel resort in upstate New York.  Hon. O. Peter Sherwood, J.S.C. of New York County’s Commercial Division, granted FKB’s motion for…

Nov 19th, 2015

FKB’s Andrew Jones is appointed Co-Vice Chair of the Professional Liability Defense Federation’s LPL Committee

The Professional Liability Defense Federation appointed FKB’s Andrew Jones as Co-Vice Chair of its Lawyers’ Professional Liability Committee. The Professional Liability Defense Federation is an association of malpractice defense professionals who work together to promote the successful defense of professional liability claims. The LPL Committee is the PLDF’s largest, with…

Nov 16th, 2015

FKB’s Neil Kornfeld and Lauren Simon win summary judgment in a medical malpractice action involving a post-operative infection allegedly caused by the negligent handling and maintenance of surgical supplies and equipment

FKB represented a podiatrist in a case where the plaintiff alleged that defendants introduced a pseudomonas infection during the performance of surgery due to negligent storage, handling and maintenance of surgical supplies, equipment and medication used intra-operatively. Defendants argued that the plaintiff’s Complaint and Bills of Particulars were devoid of…

Nov 15th, 2015

FKB’s Neil Kornfeld and Lauren Simon obtained a defense verdict in Supreme Court, New York County in a podiatric malpractice action

The case involved allegations that the defendant podiatrist negligently performed a bunion surgery resulting in the development of neuromas, altered gait, and Complex Regional Pain Syndrome. The plaintiff also claimed that as a result of the surgery she could no longer work as a manager of a nightclub, claiming over…

Nov 13th, 2015

Mike Furman and Andrew Kowlowitz were featured lecturers at the New York State Bar Association CLE titled “Risk Management for Lawyers

FKB’s Mike Furman and Andrew Kowlowitz both spoke on the topic of “Effective Client Relations and Resolving Attorney-Client Disputes.”  The topics covered at the seminar involved legal malpractice and law firm risk management, including competency in area of practice and insurance considerations, recognizing and handling conflicts of interest – proper…

Oct 20th, 2015

FKB’s Andrew R. Jones Lectures on the Future of Mass Tort Litigation and Related Coverage Issues at Lloyd’s of London Old Library

FKB’s Andrew R. Jones along with two partners from Schiff Hardin LLP’s Product Liability & Mass Torts Practice Group spoke about the future of mass tort litigation in the United States at the Lloyd’s Old Library in London on October 20, 2015. Andrew, along with Paul A. Scrudato and Edward…

Oct 14th, 2015

FKB’s Stefanie A. Singer lectured at the Fall 2015 Washington Association of Professional Guardians (WAPG) Conference in Seattle, Washington

FKB’s Stefanie A. Singer lectured at the Fall 2015 Washington Association of Professional Guardians (WAPG) Conference in Seattle, Washington on October 12, 2015. Ms. Singer presented on the “Best Practices for Mitigating Risk” for professional guardians and suggested methods for avoiding claims, such as: appropriate documentation of case files; identification…

Oct 10th, 2015

FKB’s Mike Furman to speak on the topic of Professional Liability at the 2015 Fall Meeting of the New York State Bar Association’s Torts, Insurance and Compensation Law Section in Orlando, Florida

FKB’s Mike Furman will serve as a panelist on the topic of “Professional Liability/Ethics: Minimize Your Risk with Best Practices” at the Fall 2015 Meeting of the New York State Bar Association’s Torts, Insurance and Compensation Law Section. Mr. Furman will be part of a distinguished panel of speakers, including…

Aug 12th, 2015

FKB’s A. Michael Furman and Florence N. Lishansky obtain dismissal of a legal malpractice claim arising from three separate underlying commercial litigations

This legal malpractice action arises from FKB’s client’s representation of the Plaintiff in three separate litigations over the course of two years. After the Plaintiff failed to remit payment for these legal services, FKB’s client initiated an action to recover unpaid legal fees. In response, the Plaintiff commenced this action…

Aug 10th, 2015

FKB’s Andrew S. Kowlowitz and Brandon H. Weinstein obtain dismissal of a legal malpractice claim arising from an underlying failed partnership agreement

This legal malpractice action arises from a failed partnership involving the purchase and operation of a liquor store.  FKB’s client, a Manhattan-based attorney, assisted with the liquor license application.  When it became apparent that the New York State Liquor Authority would not grant the store a liquor license, one of…

Jun 30th, 2015

FKB’s Patrick J. Brennan and Jennifer Y. Gutterman win summary judgment in a medical malpractice action alleging failure to diagnose cervical cancer

Patrick J. Brennan and Jennifer Y. Gutterman win summary judgment in a medical malpractice action alleging failure to diagnose cervical cancer. FKB represented a large diagnostic laboratory in a case where the plaintiff alleged a failure to diagnose cervical cancer by misreading a pathology slide. The plaintiff sued the laboratory…

Jun 25th, 2015

FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer

FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer. Plaintiff alleged that she had a suspicious lesion in her mouth for approximately six months…

Jun 15th, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer publish an article entitled “Reducing Legal Malpractice Risks: Preserving a Statute of Limitations Defense” in the June 2015 edition of the New York State Bar Association Journal

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer recently published an article entitled “Reducing Legal Malpractice Risks: Preserving a Statute of Limitations Defense” in the June 2015 Law Practice Management Issue of the New York State Bar Association Journal. The article analyzes recent case law addressing how and when a…

Jun 15th, 2015

FKB’s Patrick J. Brennan wins summary judgment in a medical malpractice action alleging negligently performed preoperative clearance

Patrick J. Brennan won summary judgment in a medical malpractice action alleging negligently performed preoperative clearance. FKB represented an internist, who treated the plaintiff for several months as a primary care physician. When the plaintiff was diagnosed with prostate cancer, he needed surgery, and went to the internist for preoperative…

Jun 10th, 2015

FKB’s Mike Furman and Neil Kornfeld are named 2015 New York Metro Area “Super Lawyers”

Furman Kornfeld & Brennan LLP is proud to announce that Mike Furman and Neil Kornfeld are selected as 2015 New York Metro Area “Super Lawyers.” Mr. Furman is the immediate past chair and a current member of the executive committee of the Trial Lawyers Section of the New York Bar…

Jun 2nd, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer successfully defend against a motion for leave to amend a counterclaim complaint against a New York attorney

FKB recently obtained dismissal of a counterclaim complaint alleging violations of Judiciary Law §487, negligent misrepresentation and various intentional torts. Click here to view In response, the Counterclaim Plaintiffs moved under CPLR 3025(a) for leave to amend their counterclaim complaint against FKB’s client, asserting a new claim sounding in fraud….

May 15th, 2015

FKB’s A. Michael Furman and Andrew S. Kowlowitz win appeal in the Appellate Division, Second Department, affirming the pre-answer dismissal of a legal malpractice action arising from the Bernard Madoff Ponzi Scheme

Furman Kornfeld & Brennan LLP successfully defended an appeal by a conglomeration of individual regional carpenter unions affiliated with employee benefit funds throughout the State of New York, who claimed that their attorneys’ negligent representation caused them to suffer substantial losses as a result of the Ponzi scheme orchestrated by…

May 8th, 2015

FKB Client Advisory by Andrew R. Jones and Brandon H. Weinstein

Recent Legal Malpractice Appellate Division Decisions. Dear Clients & Colleagues: Please see the attached FKB Client Advisory addressing three legal malpractice Decisions of note issued this past week by New York’s Appellate Division: · 4/30/15 (1st Dept) regarding statute of limitations/tolling where certain derivative claims survived as being truly derivative;…

Apr 23rd, 2015

FKB’s Florence N. Lishansky Lectured at the 2015 Annual Professional Fiduciary Association of California (PFAC) Conference in San Francisco, California

FKB’s Florence N. Lishansky Lectured at the 2015 Annual Professional Fiduciary Association of California (PFAC) Conference at San Francisco/Burlingame, California. The Conference took place from April 22-25. FKB’s Florence N. Lishansky hosted two 1-hour Lunchtime Lectures focusing on Top Techniques for Effective Risk Management for professional fiduciaries. Topics discussed included:…

Apr 14th, 2015

FKB’s Andrew R. Jones and Stefanie A. Singer obtain dismissal of a legal malpractice claim in connection with an Attorney’s role as Escrow Agent over an account containing $10.3 million

FKB’s succesfully obtained pre-answer dismissal on a Motion to Dismiss from Justice Jaffe in New York County Supreme Court. The Claimant alleged breach of fiduciary duty and specific performance arising out of FKB’s Attorney/Client’s role as Escrow Agent over an account containing $10.3M, which account is the subject of highly…

Mar 27th, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer obtain voluntary dismissal of a legal malpractice complaint alleging lost pension benefits estimated to be in excess of $1 million

FKB’s client is a prominent New York attorney with extensive experience in state and federal criminal defense. The matter arose from the defendant attorney’s representation of the plaintiff, a police officer who claims he was wrongfully terminated and deprived of his full retirement and pension benefits – damages estimated to…

Mar 20th, 2015

FKB’s Andrew R. Jones and Izabell Lemkhen were featured speakers at the New York State Bar Association’s Statewide Legal Malpractice CLE, sponsored by the Law Practice and Management Committee

FKB’s Andrew R. Jones and Izabell Lemkhen were featured speakers at the New York State Bar Association’s 2015 Statewide Legal Malpractice CLE. Mr. Jones spoke about identifying and responding to professional liability claims, including claim notification and reporting issues, responding to and reporting of potential claims, what is covered under…

Mar 19th, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer obtain dismissal of a counterclaim complaint alleging fraud, violations of Judiciary Law §487, negligent misrepresentation and various intentional torts

FKB’s client is a solo practitioner with extensive experience in commercial litigation. The matter arose from the defendant attorney’s representation of a corporation (the “Corporation”) in an action for breach of contract against another entity with which it previously had a business relationship. During the course of the defendant attorney’s…

Mar 7th, 2015

FKB to participate in Cycle for Survival- Memorial Sloan Kettering Cancer Center Fundraiser

Team FKB is proud to once again participate in “Cycle for Survival,” a fundraiser for rare cancer research at Memorial Sloan-Kettering Cancer Center on March 7, 2015. Like so many millions of people worldwide, cancer has continued to impact the lives of many of us here at Furman Kornfeld &…

Jan 28th, 2015

FKB’s Mike Furman was honored at the New York State Bar Association Annual Meeting for his service as Chair of the Trial Lawyers Section, 2014-15

FKB’s Mike Furman was presented with a plaque commemorating his service as the Chair of the Trial Lawyers Section of the New York State Bar Association, 2014-15 at the Annual Trial Lawyers/TICL Dinner at Cipriani’s on January 28, 2015. In attendance at the 2015 Annual Trial Lawyers/TICL Dinner were prominent…

Jan 28th, 2015

FKB’s Mike Furman was honored at the New York State Bar Association Annual Meeting for his service as Chair of the Trial Lawyers Section, 2014-15

FKB’s Mike Furman was presented with a plaque commemorating his service as the Chair of the Trial Lawyers Section of the New York State Bar Association, 2014-15 at the Annual Trial Lawyers/TICL Dinner at Cipriani’s on January 28, 2015. In attendance at the 2015 Annual Trial Lawyers/TICL Dinner were prominent…

Jan 26th, 2015

FKB’s Andrew S. Kowlowitz and Florence N. Lishansky win summary judgment dismissing a legal malpractice action arising from an underlying construction arbitration

FKB’s Andrew S. Kowlowitz and Florence N. Lishansky won summary judgment of a legal malpractice action, wherein the plaintiffs sought $1.5 million. The plaintiffs, owners and operators of a Brooklyn diner, retained FKB’s client, the defendant law firm (“Firm”), to defend a claim brought by a contractor and lender to…

Jan 26th, 2015

FKB’s Andrew S. Kowlowitz and Florence N. Lishansky win summary judgment dismissing a legal malpractice action arising from an underlying construction arbitration

FKB’s Andrew S. Kowlowitz and Florence N. Lishansky won summary judgment of a legal malpractice action, wherein the plaintiffs sought $1.5 million. The plaintiffs, owners and operators of a Brooklyn diner, retained FKB’s client, the defendant law firm (“Firm”), to defend a claim brought by a contractor and lender to…

Jan 6th, 2015

FKB’s Andrew S. Kowlowitz Authors “A Primer on the Basic Rules and Guidelines for Defending Depositions,” Published in the Trial Lawyers Section Digest of the New York State Bar Association

FKB’s Andrew S. Kowlowitz contributed an article to the Trial Lawyers Section Digest, a publication of the Trial Lawyers Section of the New York State Bar Association. The article provides a primer on the basic rules and guidelines for defending depositions in New York State and Federal courts, and addresses…