Year: 2018

Dec 10th, 2018

FKB’s Andrew S. Kowlowitz and Spencer A. Richards successfully obtain affirmation of a CPLR §3212 summary judgment dismissal in the New York Appellate Division First Department on December 6, 2018

FKB’s Andrew S. Kowlowitz and Spencer A. Richards successfully obtain a decision from the New York Appellate Division First Department affirming a CPLR §3212 summary judgment dismissal in an action asserting  legal malpractice, breach of contract, and  breach of fiduciary duty claims related to a $1.75 million dollar rent-stabilized condominium…

Nov 30th, 2018

FKB’S RACHEL AGHASSI PUBLISHES AN ARTICLE ON ABA FORMAL OPINION 483

FKB’s Rachel Aghassi publishes an article on USI Infinity entitled “ABA Formal Opinion 483 Suggests that Attorneys Have Certain Obligations to Clients After a Data Breach, But Declines to Propose Detailed Requirements.” The article can be found here.

Nov 29th, 2018

FKB’s Andrew Jones was a featured speaker at the Massachusetts Guardianship Policy Institute’s Conference on “Decision Making: Balancing Autonomy & Risk”

FKB’s Andrew Jones was a featured speaker at the Massachusetts Guardianship Policy Institute’s Conference on “Decision Making: Balancing Autonomy & Risk”. Andrew spoke on the topic “Risky Decisions and Liability for Guardians.” The seminar took place November 27, 2018, in Boston, MA. https://guardianship.institute/event/decision-making-balancing-autonomy-risk/ https://twitter.com/guard_institute

Oct 23rd, 2018

FKB’s Rachel Aghassi Publishes an Article on ABA Formal Opinion 483

FKB’s Rachel Aghassi publishes an article entitled “ABA Formal Opinion 483 Suggests that Attorneys Have Certain Obligations to Clients After a Data Breach, But Declines to Propose Detailed Requirements.” The article can be found here.

Oct 23rd, 2018

FKB’s A. Michael Furman, Neil Kornfeld, and Andrew R. Jones named on the 2018 New York Metro Area Super Lawyers list and Rachel Aghassi and Shari Sckolnick recognized Rising Stars

Furman Kornfeld & Brennan LLP is proud to announce that partners A. Michael Furman, Neil Kornfeld, and Andrew R. Jones  have been selected to the 2018 New York Metro Area Super Lawyers list and FKB associates Rachel Aghassi and Shari Sckolnick have been named on the 2018 Super Lawyers Rising Star list…

Oct 22nd, 2018

FKB’s Andrew R. Jones, Rachel Aghassi, and Jason A. Kayne successfully obtain affirmation of dismissal in the Second Circuit of the U.S. Court of Appeals of claims against attorney

FKB’s Andrew R. Jones, Rachel Aghassi, and Jason A. Kayne successfully obtained a decision from the United States Court of Appeals for the Second Circuit affirming a pre-answer dismissal under Fed. R. Civ. P. § 12(b)(6) in an action asserting breach of fiduciary duty, fraud, and other claims related to…

Oct 19th, 2018

FKB had a frightfully good time celebrating Halloween with treats and pets on Take Your Children to Work Day!

        

Oct 19th, 2018

FKB’s Andrew Jones and Ashley Glazewski successfully obtain dismissal of a legal malpractice claim as barred by documentary evidence.

FKB successfully obtained a CPLR § 3211 pre-answer dismissal in the Supreme Court, Queens County of a legal malpractice claim as barred by documentary evidence. In the underlying facts of this case, FKB’s attorney-client represented the owner of a corporation who sold shares of stock to the Plaintiff.  Prior to…

Oct 16th, 2018

FKB’s Andrew Jones and Ashley Glazewski present at the National Guardianship Association

FKB’s Andrew Jones and Ashley Glazewski will be presenters at the National Guardianship Association (NGA) conference on October 21, 2018 in Palm Springs, CA.  Andrew and Ashley will speak about risk management and insurance coverage for Professional Fiduciaries.  The upcoming session entitled “Are you Covered? Risk Management and Insurance for Professional Fiduciaries” is designed…

Oct 15th, 2018

FKB’s A. Michael Furman and Andrew Kowlowitz were featured speakers at the New York State Bar Association’s Risk Management 2018: Protecting Your Practice Program

FKB’s A. Michael Furman and Andrew Kowlowitz were featured speakers at the New York State Bar Association’s Risk Management 2018: Protecting Your Practice Program. A. Michael Furman spoke on the topic “Interactions with others.” Andrew Kowlowitz spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes. ” The seminar…

Oct 10th, 2018

FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of a legal malpractice claim as barred by the statute of limitations

FKB successfully obtained CPLR § 3211 pre-answer dismissal in the Supreme Court, Kings County of a legal malpractice claim as barred by the statute of limitations. In the underlying facts of this case, FKB’s clients represented the plaintiff in an action filed against him by his brother concerning the ownership…

Oct 8th, 2018

FKB’s Mike Furman and David Furman Participate in Velocity: Columbia’s Ride to End Cancer

FKB’s Mike Furman and David Furman participated in “Velocity” on Sunday, October 7, 2018.  Velocity is Columbia University Medical Center’s outdoor cycling fundraiser for the Herbert Irving Comprehensive Cancer Center.  Velocity is a cycling event that takes you through the Hudson Valley and over the George Washington Bridge into Columbia Medical Center…

Oct 3rd, 2018

FKB’s Patrick J. Brennan and Travis J. Long co-led a presentation entitled “Reaching the Millennial Juror” to claims specialists and medical professionals in New York City

Millennials account for approximately 87.5 Million people in the United States.  Consequently, millennials constitute a growing number of potential jurors, and in time, they will likely be the majority of potential jurors.  As a result, when conducting a trial, it’s imperative to know who they are, what they believe in,…

Oct 1st, 2018

FKB’s Andrew Jones will speak at the 2018 Professional Liability Defense Federation (PLDF) Annual Conference in New Orleans, Louisiana

Andrew is participating in a panel presentation discussing various legal malpractice issues and analyzing “The case within a case.” Professional Liability Defense Federation’s Ninth Annual Meeting will be held at The Westin New Orleans Canal Place, 100 Rue Iberville, New Orleans, Louisiana from October 3-5, 2018. More information can be…

Sep 27th, 2018

FKB’S NEIL KORNFELD LECTURES AT NEW YORK UNIVERSITY COLLEGE OF DENTISTRY

FKB’s Neil Kornfeld presented a risk management lecture at New York University College of Dentistry to 2nd and 3rd year residents. The talk focused on theories of malpractice against periodontists, treating the difficult patient, and documentation.

Sep 18th, 2018

Neil Kornfeld Lectures at Lenox Hill Hospital on Risk Management

FKB’s Neil Kornfeld was a guest speaker at Lenox Hill Hospital and presented a lecture on risk management to residents and attending physicians.  The lecture focused on issues related to electronic records and common themes in malpractice cases.

Sep 7th, 2018

FKB’s Andrew Kowlowitz and Shari Sckolnick Obtain Summary Judgment, Dismissing a Legal Malpractice Claim Stemming from a Shareholder Derivative Action

FKB’s Andrew Kowlowitz and Shari Sckolnick successfully obtained CPLR § 3212 summary judgment dismissing a legal malpractice complaint from Justice Loren Baily-Schiffman in Supreme Court, Kings County. This legal malpractice action stemmed from a complex series of derivative claims, wherein an entity of which the plaintiff was the purported sole…

Aug 21st, 2018

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer Richards secured a pre-answer motion to dismiss in the United States District Court for the Southern District of New York on August 21, 2018

FKB successfully obtained a pre-answer dismissal on a Fed. R. Civ. P. 12(b)(6) motion to dismiss from United States District Judge Paul A. Engelmayer in the United States District Court of the Southern District of New York of allegations of breach of Judiciary Law § 487, fraudulent conveyance, and breach…

Aug 17th, 2018

FKB’s A. Michael Furman and Aaron M. Barham Secure Pre-Answer Dismissal of Legal Malpractice, Breach of Contract and “Overbilling” Claims

Plaintiff’s legal malpractice complaint was based upon the incorrect premise that FKB’s clients “defaulted” in the underlying foreclosure action.  In actuality, FKB’s clients filed a pre-answer motion to dismiss, answered, and attempted to negotiate a loan modification.  After the bank moved for summary judgment for foreclosure, FKB’s clients advised Plaintiff…

Aug 7th, 2018

FKB’s Andrew R. Jones and Daniel Butler Obtain Dismissal in Connection to Fraud, Civil Conspiracy, and Judiciary Law § 487 Claims

FKB’s Andrew Jones and Dan Butler recently obtained a pre-answer dismissal in connection to a Plaintiff’s allegations of fraud, civil conspiracy, and violations of Judiciary Law § 487.   Kings County Justice Karen Rothenberg’s decision dismissing the Plaintiff’s Complaint is dated July 3, 2018. Plaintiff brought suit against a number of…

Jul 17th, 2018

FKB’s A. Michael Furman and Jason A. Kayne Obtain Dismissal of Legal Malpractice Claim Related to Underlying Appellate Litigation of Judgment Award for Insurance Claim

FKB’s A. Michael Furman and Jason A. Kayne obtained a favorable pre-answer dismissal of a legal malpractice claim on July 5, 2018. In the underlying appellate litigation, plaintiff sought to appeal a judgment awarded in his favor for medical liens and out-of-pocket expenses in connection with an insurance claim arising…

Jul 10th, 2018

FKB’s Rachel Aghassi and Aaron M. Barham secure pre-answer discontinuances of two legal malpractice actions related to the same underlying representation

FKB’s Rachel Aghassi and Aaron M. Barham secured pre-answer discontinuances of two legal malpractice actions related to the same underlying representation. The first action involved three underlying foreclosure cases, Plaintiff, a court-appointed property guardian, alleged that FKB’s clients were responsible for selling the at-issue properties at an undervalued sum. After…

Jun 13th, 2018

FKB’s Jennifer Y. Gutterman Obtains Directed Verdict in Supreme Court, Dutchess County

FKB‘s Jennifer Y. Gutterman obtained a directed verdict for a hospital in Supreme Court, Dutchess County before Judge Charles Wood. The case involved complications from a robotic assisted laparoscopic hysterectomy performed by two codefendant physicians. During the trial, after plaintiff rested, Jennifer obtained dismissal of the direct claims against the hospital. At…

Jun 6th, 2018

Andrew Tobman Secures Defense Verdict in Supreme Court, Kings County before Judge Pamela Fisher

FKB‘s Andrew Tobman secures a Defense Verdict in Supreme Court, Kings County before Judge Pamela Fisher. The case involved allegations that the defendant, a trauma surgeon, negligently repaired a femur fracture by using a LISS plate. Plaintiff claimed the defendant should have used a rod and screws.  Plaintiff allegedly developed a mal-union,…

Jun 4th, 2018

Andrew Jones and Ashley Glazewski Lecture on Risk Management and Insurance Coverage at the 2018 Professional Fiduciary Association of California (PFAC) Conference

FKB’s Andrew Jones and Ashley Glazewski spoke about risk management and insurance coverage at the recent Professional Fiduciary Association of California (PFAC) Conference, in Riverside, CA. Andrew and Ashley spoke with Lawrence Hilton – President of Dominion Insurance. The topic was: Are You Covered? Risk Management for Professional Fiduciaries. The…

May 31st, 2018

Neil Kornfeld Obtains Defense Verdict in Supreme Court, Westchester County

Neil Kornfeld obtained a defense verdict in Supreme Court, Westchester County before Judge Lawrence Ecker.  Plaintiff alleged that the defendant doctor administered a contraindicated steroid injection to relieve pain from plantar fasciitis.  Plaintiff also alleged that the defendant failed to diagnose and properly treat an infection resulting in continued treatment,…

May 30th, 2018

FKB’s Nicholas Lewis Obtains Defense Verdict in Kings Supreme

FKB‘s Nicholas Lewis has obtained a defense verdict for a hospital in a GL premises case yesterday in Kings Supreme. The plaintiff in this case had stumbled over an “open, notorious and visible” 2-inch elevation in a sidewalk at the hospital and sustained knee and shoulder ligament tears that led to surgery. Mr. Lewis’ cross of…

May 18th, 2018

FKB Participates in the 2018 AHA Wall Street Run & Heart Walk

Spanning the course of 3-miles, FKB participated in the American Heart Association’s Wall Street Run & Heart Walk that took place on May 17th, 2018. This event encouraged all participants to exercise for a charitable cause. Donations were raised for the American Heart Association by supporters and participants alike, with a central…

May 15th, 2018

FKB’s Andrew S. Kowlowitz and Aaron M. Barham Obtain Dismissal of Legal Malpractice Claims Related to Wrongful Termination Litigation

FKB’s Andrew S. Kowlowitz and Aaron M. Barham obtained a favorable pre-answer dismissal of a legal malpractice case on October 30, 2018, and thereafter successfully opposed plaintiff’s motion to vacate the dismissal order. In the underlying EPLI action, plaintiff alleged that he was wrongfully terminated due to his national origin,…

May 11th, 2018

FKB’s Andrew S. Kowlowitz and Rachel Aghassi obtain summary dismissal of Judiciary Law § 487 claim based on alleged “misrepresentations” in underlying matrimonial action

FKB successfully obtained CPLR § 3212 summary judgment dismissal from Justice Shlomo Hagler in the Supreme Court, New York County. This Judiciary Law § 487 claim is based on FKB’s client’s representation of plaintiff’s husband in an underlying matrimonial action in Westchester County initiated in 2004.  Despite being represented in…

May 10th, 2018

Neil Kornfeld obtains a defense verdict in Supreme Court, Kings County in a medical malpractice action

The case involved allegations that the defendants failed to diagnose orthostatic hypotension and to implement appropriate fall precautions for a patient with a history of cardiac disease and dizziness.  The patient fell in his hospital room and fractured his spine at C5-C6 requiring emergency surgery resulting in quadriplegia. Plaintiff’s cardiology…

May 4th, 2018

FKB’s Andrew S. Kowlowitz and Rachel Aghassi obtain summary dismissal of Judiciary Law § 487 claim based on alleged “misrepresentations” in underlying matrimonial action

FKB successfully obtained CPLR § 3212 summary judgment dismissal from Justice Shlomo Hagler in the Supreme Court, New York County. This Judiciary Law § 487 claim is based on FKB’s client’s representation of plaintiff’s husband in an underlying matrimonial action in Westchester County initiated in 2004.  Despite being represented in…

Apr 27th, 2018

FKB’S ANDREW KOWLOWITZ AND SHARI SCKOLNICK OBTAIN DISMISSAL OF CLAIMS AGAINST A LAW FIRM ARISING FROM THE DISTRIBUTION OF $10 MILLION IN LIFE INSURANCE PROCEEDS

FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Saliann Scarpulla, Supreme Court, New York County. In this matter, FKB’s client represented one of several investors in the purchase of a STOLI (Stranger Originated Life Insurance) Policy obtained from Transamerica Life Insurance Company (“Transamerica”), and was…

Apr 12th, 2018

FKB’s Tracy S. Katz and Megan Feinberg Obtain Dismissal of Claims in Complex Motion Practice

Tracy S. Katz and Megan Feinberg obtained dismissal of claims of fraud, RICO violations, intentional infliction of emotional distress and tortious interference with business relations, via highly complex motion practice.  The main case sounded in medical malpractice and FKB successfully argued to the court that that all of the other…

Apr 5th, 2018

FKB Obtains Dismissal of Legal Malpractice/Underlying Commercial-Shareholder Dispute

FKB’s Andrew Jones,  Shari Sckolnick and Aaron Baram obtained a favorable pre-answer dismissal of a legal malpractice case in New York Supreme Commercial Division on April 5, 2018. The Insured law firm was retained to wind down a leading office furniture installation company in Manhattan, comprised of two main shareholders….

Mar 30th, 2018

FKB raises over $275,000 for Cycle for Survival – Memorial Sloan Kettering Cancer Center Fundraiser

FKB celebrated its seventh year taking part in Cycle for Survival, on March 10, 2018, raising nearly $35,000 this year for rare cancer research at Memorial Sloan Kettering Cancer Center. Furman Kornfeld & Brennan LLP is proud to have raised over $275,000 for Cycle for Survival – Memorial Sloan Kettering…

Mar 9th, 2018

FKB’s Andrew Kowlowitz will be a featured speaker at the American Bar Association’s Spring 2018 National Legal Malpractice Conference

FKB’s Andrew Kowlowitz will be a featured speaker at the American Bar Association’s Spring 2018 National Legal Malpractice Conference on the topic “My Client is a Nightmare!” How to Prepare Your Difficult LPL Client for a Deposition.” The Conference will take place April 25th -27th, 2018, at the Renaissance Hotel…

Mar 9th, 2018

FKB’s Andrew S. Kowlowitz and Benjamin M. Oxenburg obtain dismissal of an action alleging aiding and abetting fraud in the Appellate Division, First Department

FKB successfully obtained the First Department’s affirmance of a New York County Supreme Court Commercial Division decision granting our pre-answer motion to dismiss. Plaintiffs’ lawsuit arose out of a dispute amongst LLC members of a venture to construct a luxury boutique hotel near Hudson Square, a neighborhood at the intersection…

Feb 28th, 2018

FKB’s Andrew S. Kowlowitz and Rachel Aghassi obtain summary dismissal of legal malpractice claim due to plaintiff’s failure to establish proximate causation

FKB successfully obtained CPLR § 3212 summary judgment dismissal from Justice R. Bruce Cozzens, Jr. in the Supreme Court, Nassau County. In this action, Plaintiff claimed he was convinced by a non-party “con artist” to take out a series of three (3) “hard money” collateralized loans. After the loans were…

Feb 28th, 2018

February 13, 2018: All-Risk Art Insurance Policy Does Not Cover Title Defects; Broker Action Dismissed

In a matter of first impression, the New York Appellate Division (1st Dep’t) held, on February 13, 2018, that a fine arts dealer all-risk policy does not provide coverage for defective title, notwithstanding that the policy was silent with respect to defective title. Plaintiff (a Chelsea Art Gallery)’s claims against…

Feb 28th, 2018

FKB Partner, Andrew Jones Speaks at St. John’s Law School’s CLE Weekend

FKB Partner, Andrew Jones, spoke at St. John’s Law School’s February 10/11 2018 CLE weekend – discussing risk management, conflicts of interest, and the rising impact of social media on the legal profession. See more information here: February 2018 CLE weekend

Feb 8th, 2018

FKB’s Andrew Jones is a panelist for an ABA Webinar

FKB’s Andrew Jones is a panelist for an ABA Webinar addressing the ethical issues relating to the preparation of witnesses for depositions and trial. Along with Professor Michelle Ghetti, Erin Higgins Esq. (Boston) & Shauna Itri, Esq. (Pennsylvania) the session will give practical pointers to avoid ethical traps, address coaching…