Year: 2019

Dec 31st, 2019

FKB’S RACHEL AGHASSI AND JASON H. SEILER SUCCESSFULLY OBTAIN DISMISSAL OF TWO ACTIONS ASSERTED AGAINST LAWYER

FKB’s Rachel Aghassi and Jason H. Seiler successfully obtained dismissal of two separate actions, one in the New York Supreme Court, Essex County and the other in Supreme Court, Saratoga County, stemming from the same set of facts as against the same defendant-attorney, pursuant to CPLR §§ 3211, 3215(c), and 3216.  In what many…

Dec 16th, 2019

FKB’S ANDREW R. JONES AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF JUDICIARY LAW 487 CLAIMS AND A SANCTIONS AWARD

FKB’s Andrew R. Jones and Aaron M. Barham obtained a pre-answer dismissal of a Judiciary Law 487 claim brought against a professional liability defense firm which had successfully represented an estate attorney in an underlying legal malpractice action.  In its pre-answer motion to dismiss, FKB established entitlement to judgment as a matter of law…

Nov 27th, 2019

FKB’S RACHEL AGHASSI AND ASHER KEST PUBLISH AN ARTICLE ON NEW YORK’S SHIELD ACT

FKB’s Rachel Aghassi and Asher Kest publish an article on the New York State Bar Association Insurance Focus blog by USI Infinity entitled “Data Breach Notification Requirements on the State Level Continue to Expand: New York’s SHIELD Act” The article can be found here.

Nov 27th, 2019

FKB’S JOHN GIZUNTERMAN OBTAINED A DEFENSE VERDICT OF A MEDICAL MALPRACTICE ACTION ARISING OUT OF THE DEVELOPMENT OF PRESSURE ULCERS IN KINGS COUNTY SUPREME COURT

The plaintiff alleged that FKB’s client, a local hospital, deviated from the standard of care by failing to implement appropriate protective measures to prevent the development of pressure ulcers. Specifically, plaintiff claimed that a turn a position schedule was not implemented, heels were not offloaded, and records were not kept…

Nov 6th, 2019

FKB IS PROUD TO ANNOUNCE THAT NINE FKB ATTORNEYS WERE LISTED IN THE 2019 NEW YORK SUPER LAWYERS MAGAZINE

A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones and Shari Sckolnick  were listed as super lawyers in the 2019 New York Super Lawyers Magazine distributed in October 2019 and Rachel Aghassi, Benjamin Oxenberg and Aaron M. Barham were listed as New York Metro Rising Stars. Super Lawyers is a rating service of outstanding…

Oct 28th, 2019

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

Oct 17th, 2019

FKB’S ANDREW JONES LECTURED AT THE NATIONAL GUARDIANSHIP ASSOCIATION’S ANNUAL CONFERENCE

Andrew Jones lectured at the National Guardianship Association’s Annual Conference in Lexington, KY. He spoke on the topic of Risk Management and E&O Insurance for Professional Fiduciaries and Guardians. The Conference was attended by approximately 500 attendees made up mostly of Professional Fiduciaries and Guardians from all over the Nation….

Oct 9th, 2019

FKB’S MICHAEL FURMAN AND SHARI SCKOLNICK OBTAIN DISMISSAL OF A LEGAL MALPRACTICE CLAIM IN SUPREME COURT, RENSSELAER COUNTY, STEMMING FROM AN ACTION FOR AN ENCROACHMENT.

FKB’ s  Michael Furman and Shari Sckolnick successfully obtained a judgment dismissing a legal malpractice complaint from Judge McGrath in Supreme Court, Rensselaer County. This legal malpractice action stemmed from a law firm’s defense and representation of plaintiffs in an action where plaintiffs’ neighbor sued plaintiffs because their building and…

Oct 9th, 2019

Team FKB Finishes as one of the Top Fundraisers in Velocity: Columbia’s Ride to End Cancer

FKB’s Mike Furman, Andrew Jones and David Furman proudly biked 45 miles in “Velocity” on Sunday, October 6, 2019.  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…

Oct 9th, 2019

FKB’S A. MICHAEL FURMAN AND SPENCER A. RICHARDS SUCCESSFULLY OBTAIN DISMISSAL OF A RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS ACT (“RICO”) ACTION ARISING OUT OF A CONTENTIOUS DIVORCE PROCEEDING IN NEW YORK COUNTY SUPREME COURT

The plaintiff alleged that FKB’s client, who provides complex tax and estate advice to high-net-worth individuals, violated the Federal RICO Act by assisting the plaintiff’s wife to strategically cut the plaintiff out of any share of the wife’s family business or proceeds arising from the sale of the wife’s family…

Oct 3rd, 2019

Team FKB is proud to participate in Velocity, Columbia University Medical Center’s ride to raise money for cancer research

Team FKB is proud to participate in Velocity, Columbia University Medical Center’s ride to raise money for cancer research.  Velocity is a cycling event benefiting Columbia’s Herbert Irving Comprehensive Cancer Center. With a unique route model that offers several ways to join us both on and off your bike. We…

Oct 3rd, 2019

FKB’s Mike Furman and Andrew Kowlowitz are featured speakers at the New York State Bar Association’s Risk Management 2019: Protecting Your Law Practice Program

FKB’s A. Michael Furman and Andrew Kowlowitz are featured speakers at the New York State Bar Association’s Risk Management 2019: Protecting Your Law Practice Program. Mike Furman spoke on the topic “Third-Party Liability: Interactions with others.” Andrew Kowlowitz spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes. ” The seminars took place…

Sep 26th, 2019

FKB’S TRACY S. KATZ SUCCESSFULLY OBTAINS A UNANIMOUS DECISION FROM THE NEW YORK APPELLATE DIVISION, FIRST JUDICIAL DEPARTMENT AFFIRMING A FAVORABLE MOTION TO CHANGE VENUE OF A MEDICAL MALPRACTICE CASE FROM BRONX COUNTY TO ROCKLAND COUNTY

FKB’s Tracy S. Katz successfully obtains a unanimous decision from the New York Appellate Division, First Judicial Department affirming a favorable motion to change venue of a medical malpractice case from Bronx County to Rockland County. The action involves allegations of medical malpractice leading to alleged blindness of one eye…

Sep 17th, 2019

FKB’S A. MICHAEL FURMAN AND JASON A. KAYNE SUCCESSFULLY OBTAIN DISMISSAL OF LEGAL MALPRACTICE ACTION INVOLVING UNDERLYING CONSTRUCTION LITIGATION

FKB’s A. Michael Furman and Jason A. Kayne obtained a pre-answer dismissal of a legal malpractice action against a well-known defense firm arising from representation of a construction contractor in underlying property damage litigation The plaintiff alleged that FKB’s client negligently entered into a stipulation on the plaintiff’s behalf to…

Sep 9th, 2019

FKB’S ANDREW S. KOWLOWITZ AND JASON A. KAYNE SUCCESSFULLY OBTAIN DISMISSAL OF DECLARATORY JUDGMENT ACTION AGAINST ATTORNEY ALLEGING IMPROPER WITHHOLDING OF CLIENT FUNDS IN ESCROW

FKB’s Andrew S. Kowlowitz and Jason A. Kayne obtained a favorable pre-answer dismissal from the New York County Supreme Court of a declaratory judgment action commenced against an attorney by his former client, seeking the disgorgement of sale proceeds from a 2005 real estate transaction that the plaintiff alleged were…

Aug 26th, 2019

FKB’S RACHEL AGHASSI AND COREY M. COHEN SUCCESSFULLY OBTAIN A VOLUNTARY DISMISSAL IN LIEU OF FILING A ROBUST MOTION FOR SUMMARY JUDGMENT AT THE CLOSE OF DISCOVERY IN AN ADVERSARY PROCEEDING ASSERTED AGAINST A LAW FIRM

FKB’s Rachel Aghassi and Corey M. Cohen successfully obtained a voluntary dismissal from the bankruptcy trustee in an adversary proceeding to a Chapter 7 bankruptcy petition at the close of discovery and after seeking leave to move for summary judgment pursuant to Fed. R. Bankr. R. § 7056 in the…

Aug 13th, 2019

FKB’S RACHEL AGHASSI AND ANDREW R. JONES SUCCESSFULLY OBTAIN PRE-NOTE OF ISSUE SUMMARY DISMISSAL OF NEGLIGENCE AND BREACH OF CONTRACT COUNTERCLAIMS ASSERTED AGAINST LAW FIRM

FKB’s Rachel Aghassi and Andrew R. Jones successfully obtained a pre-note of issue CPLR § 3212 summary judgment dismissal in the Supreme Court, New York County of negligence and breach of contract counterclaims asserted against FKB’s law firm client. This matter stems from FKB’s client’s representation of the executors of an…

Jul 18th, 2019

FKB’S ANDREW JONES AND DANIEL BUTLER OBTAIN DISMISSAL OF ALL CLAIMS AGAINST TITLE AGENCY ON SUMMARY JUDGMENT

Andrew R. Jones and Daniel H. Butler recently obtained dismissal of all claims, including Plaintiff’s claims of negligence and fraud, and all cross-claims asserted by co-defendants, in connection to a lawsuit advanced against a title agency.  The title agency was accused of willfully delaying the recording of certain real estate…

Jul 2nd, 2019

FKB’S ANDREW S. KOWLOWITZ AND AARON M. BARHAM SUCCESSFULLY OBTAIN A UNANIMOUS AFFIRMATION OF A PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE CLAIMS RELATED TO WRONGFUL TERMINATION LITIGATION

FKB’s Andrew S. Kowlowitz and Aaron M. Barham successfully obtained a decision from the New York Supreme Court Appellate Division, First Judicial Department affirming a favorable pre-answer dismissal of a legal malpractice case. In the underlying EPLI action, plaintiff alleged that he was wrongfully terminated due to his national origin…

Jun 18th, 2019

FKB’S NEIL KORNFELD OBTAINS A DEFENSE VERDICT IN A PODIATRIC MALPRACTICE CASE IN SCHENECTADY COUNTY

FKB’s Neil Kornfeld obtains a defense verdict in a podiatric malpractice case in Schenectady County.  The plaintiff claimed the defendant negligently performed the incorrect surgery to address the plaintiff’s arthritic hallux causing permanent deformity and need for fusion surgery. If you have any questions, please contact  Neil Kornfeld.

Jun 11th, 2019

FKB’S ANDREW KOWLOWITZ AND DANIEL BUTLER OBTAIN DISMISSAL OF ALL CLAIMS AGAINST REAL ESTATE ATTORNEY

Andrew S. Kowlowitz and Daniel H. Butler recently obtained complete dismissal of Plaintiff’s claims and all cross-claims against their client, a real estate attorney, pursuant to a CPLR 3211(a)(7) pre-answer motion to dismiss.  The real estate attorney represented a buyer/lender in connection to a short sale of the plaintiff’s home. …

May 28th, 2019

FKB’s A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones, Rachel Aghassi, Shari Sckolnick, Aaron M. Barham have been selected to the 2019 New York Super Lawyers list

A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones and Shari Sckolnick have been selected to the 2019 New York Super Lawyers list and Rachel Aghassi, Benjamin Oxenberg and Aaron M. Barham have been selected as New York Metro Rising Stars. No more than…

May 20th, 2019

FKB’S ANDREW R. JONES AND RACHEL AGHASSI WILL BE SPEAKING AT LAWLINE CLE “ETHICS FOR INSURANCE LAWYERS” ON MONDAY MAY 20, 2019

FKB’s Andrew R. Jones And Rachel Aghassi Will Be Speaking At Lawline Cle “Ethics For Insurance Lawyers” On Monday May 20, 2019. This seminar focuses on common problems faced by insurance lawyers, including consideration of the “tri-partite relationship”, and gives practical examples of how to deal with potential conflicts of interest…

May 17th, 2019

FKB PARTICIPATED IN THE AMERICAN HEART ASSOCIATION 3 MILE WALL STREET RUN & HEART WALK

On May 16, 2019 Furman Kornfeld & Brennan LLP participated in the American Heart Association 3-mile Wall Street Run & Heart Walk. The event was a fundraiser working to prevent, treat and defeat heart disease and has raised $2M+ for the cause. FKB congratulates all the participants who helped contribute to this…

May 2nd, 2019

FKB’S NEIL S. KORNFELD AND TRAVIS J. LONG OBTAIN FAVORABLE JURY VERDICT IN A “DAMAGES ONLY” TRIAL IN BRONX COUNTY, SUPREME COURT

Neil S. Kornfeld & Travis J. Long recently obtained a highly favorable jury verdict in Bronx County Supreme Court, in a damages only trial before Justice Ruben Franco.  The case involved an elderly but very active plaintiff who was volunteering at a hospital 3 days per week .  Plaintiff suffered…

Apr 29th, 2019

FKB’S ANDREW S. KOWLOWITZ AND JASON A. KAYNE SUCCESSFULLY OBTAIN FEDERAL COURT DISMISSAL OF CLAIMS SOUNDING IN CIVIL RIGHTS VIOLATIONS ALLEGED AGAINST CRIMINAL DEFENSE ATTORNEY

FKB’s Andrew S. Kowlowitz and Jason A. Kayne obtained a pre-answer dismissal from the United States District Court for the Southern District of New York, pursuant to Fed Rule 12-b (6), of claims alleging legal malpractice and constitutional violations in connection with a lawyer/defendant’s representation in an underlying New York…

Apr 29th, 2019

FKB’S A. MICHAEL FURMAN AND SPENCER A. RICHARDS SUCCESSFULLY OBTAIN SUMMARY JUDGMENT IN SUFFOLK COUNTY SUPREME COURT DISMISSING A LEGAL MALPRACTICE CLAIM

On March 20, 2019, FKB obtained a CPLR § 3212 summary judgment dismissal in the Supreme Court, Suffolk County of a legal malpractice claim for successfully arguing that the plaintiffs failed to prove the existence of an attorney-client relationship. During the underlying mortgage transaction, FKB’s client provided a standard form…

Apr 25th, 2019

FKB’S ANDREW S. KOWLOWITZ OBTAINS SUMMARY JUDGMENT IN HIGH EXPOSURE LEGAL MALPRACTICE CLAIM

On April 17, 2019, FKB successfully obtained summary judgment of a high exposure legal malpractice claim in New York County Supreme Court. In the underlying case, a wealthy landlord/developer in Manhattan retained FKB’s client to help him stave off a foreclosure action in connection with a commercial mortgage loan he…

Apr 25th, 2019

FKB’S ANDREW S. KOWLOWITZ AND AARON M. BARHAM OBTAIN DISMISSAL OF A HIGH EXPOSURE LEGAL MALPRACTICE CLAIM AS BARRED BY THE STATUTE OF LIMITATIONS

FKB successfully obtained CPLR § 3211 pre-answer dismissal in the Supreme Court, New York County of a legal malpractice claim as barred by the statute of limitations.  In the underlying case, FKB’s client represented a utilities company in a high exposure premises liability claim in which the client’s answer was…

Apr 24th, 2019

FKB’S TRACY S. KATZ OBTAINS DISMISSAL OF CLAIM AGAINST A SECURITY GUARD COMPANY FOR ALLEGED INJURIES SUSTAINED BY A PLAINTIFF IN A FIGHT WITH A SECURITY GUARD

FKB’s Tracy S. Katz obtains dismissal of claim against a security guard company for alleged injuries sustained by a plaintiff in a fight with a security guard. The case concerned allegations that the plaintiffs, a brother and sister, were involved in an altercation with a security guard employed by FKB’s…

Apr 17th, 2019

FKB’S ANDREW S. KOWLOWITZ LECTURED AT THE NEW YORK STATE BAR ASSOCIATION’S STATEWIDE LEGAL MALPRACTICE 2019 CLE IN WESTCHESTER, NY

Andrew S. Kowlowitz spoke at the New York State Bar Association’s Legal Malpractice 2019 CLE Live Program series on Tuesday, April 16, 2019 in Westchester, NY.  Andrew lectured on the topic of “Identifying and Responding to Professional Liability Claims.”  This program is designed to educate attorneys on how to defend…

Apr 11th, 2019

FKB’S NEIL S. KORNFELD AND TRACY S. KATZ OBTAIN DISMISSAL OF A PODIATRIC MALPRACTICE CASE AFTER AGGRESSIVE CROSS-EXAMINATION OF THE PLAINTIFF AT TRIAL

After 6 days of trial in Supreme Court, Bronx County, FKB’s Neil S. Kornfeld and Tracy S. Katz obtained dismissal of a podiatric malpractice case.  The case involved allegations that a podiatric surgeon performed an overly aggressive bunionectomy surgery, i.e. a Keller procedure, instead of performing a less risky and…

Apr 11th, 2019

FKB LLP IS PROUD TO ANNOUNCE THAT ANDREW S. KOWLOWITZ AND ANDREW R. JONES HAVE BEEN MADE EQUITY PARTNERS AT THE FIRM

FKB LLP is proud to announce that Andrew S. Kowlowitz and Andrew R. Jones have been made equity partners at the Firm, effective September 2018.  “Andrew K.” and “Andrew J.” have been with FKB from inception (June 8, 2008), and it is hard to imagine how the Firm could have…

Apr 9th, 2019

FKB’S ANDREW TOBMAN GRANTED SUMMARY JUDGMENT IN A CASE ALLEGING FAILURE TO DIAGNOSE SPINAL OSTEOMYELITIS

FKB’s Andrew Tobman granted summary judgment in a case alleging failure to diagnose spinal osteomyelitis.  Andrew successfully represented an internist and his professional group at oral arguments, seeking summary judgment.  Judge Judith McMahon ruled in favor of the defendant and his primary care practice finding that the doctor was justified…

Apr 2nd, 2019

FKB’S ANDREW R. JONES WILL BE SPEAKING AT THE PROFESSIONAL FIDUCIARY ASSOCIATION OF CALIFORNIA ON APRIL 2, 2019

Andrew R. Jones is speaking at the upcoming Professional Fiduciary Association of California’s Mini Ed Day on the topic Practice Risk Management: Duties, Liabilities, Litigation and Protection. The program will address risk management considerations specific to professional fiduciary practices. The program will also hold a panel discussion and Q &…

Apr 2nd, 2019

FKB’S RACHEL AGHASSI AND SHARI SCKOLNICK LISTED AS NEW YORK METRO TOP WOMEN SUPER LAWYERS 2019 SUPPLEMENT IN THE NEW YORK TIMES NEWSPAPER

FKB is pleased to announce that Rachel Aghassi and Shari Sckolnick were listed in the New York Metro Top Women Super Lawyers 2019 supplement in The New York Times newspaper which was published on Sunday, March 24, 2019. The Super Lawyers selection methodology comprises a statewide nomination process, independent research, and peer review by…

Mar 25th, 2019

FKB’s Andrew R. Jones and Rachel Aghassi lectured at the New York State Bar Association’s Statewide Legal Malpractice 2019 CLE in Albany, NY

Andrew R. Jones and Rachel Aghassi were speakers at the New York State Bar Association’s Legal Malpractice 2019 CLE Live Program series on Tuesday, March 19, 2019 in Albany, NY which was also streamed on a live webcast.  FKB’s A. Michael Furman is the Overall Planning Chair for this program…

Mar 20th, 2019

FKB’S TRACY S. KATZ OBTAINS SUMMARY JUDGMENT IN A CASE ALLEGING MISDIAGNOSIS OF A SHOULDER CONDITION AS A SPINAL CONDITION, LEADING TO THE PERFORMANCE OF AN UNNECESSARY SPINAL SURGERY

Tracy Katz obtained summary judgment on behalf of an endocrinologist, radiologist and radiology facility in a case alleging misdiagnosis of a shoulder condition as a spinal condition, leading to the performance of an unnecessary spinal surgery. In this case, FKB aggressively moved for summary judgment prior to any depositions being…

Mar 8th, 2019

FKB’s A. Michael Furman, Andrew S. Kowlowitz, Andrew R. Jones will be speaking and Rachel Aghassi will be leading a panel at the New York State Bar Association’s Statewide Legal Malpractice 2019 CLE

FKB’s A. Michael Furman will be serving as overall planning chair and speaking at the upcoming New York State Bar Association’s Statewide Legal Malpractice 2019 CLE. This program is designed to educate attorneys on how to prosecute and/or defend a legal malpractice action. In addition, this program will educate attorneys…

Mar 1st, 2019

FKB’s Neil Kornfeld was an invited speaker at the New York College of Podiatric Medicine

FKB’s Neil Kornfeld presented a risk management lecture to podiatric medical students.  The talk focused on common theories of malpractice, defenses, properly obtaining informed consent and documentation issues.

Feb 21st, 2019

FKB’S ANDREW TOBMAN SUCCESSFUL IN PRIVATE INSURANCE COMPANY APPEAL

FKB’s Andrew Tobman successfully represented a client at a private insurance company appeal surrounding revocation of his network participation status.  The insurance company sought to remove a podiatrist from their network secondary to settlement of a 2011 lawsuit at a mediation, where the patient expired from a silent pulmonary embolus. …

Feb 11th, 2019

FKB raises over $300,000 for Cycle for Survival – Memorial Sloan Kettering Cancer Center Fundraiser

FKB celebrated its eighth year taking part in Cycle for Survival, on February 9, 2019, raising nearly $18,000 this year for rare cancer research at Memorial Sloan Kettering Cancer Center. Furman Kornfeld & Brennan LLP is proud to have raised over $300,000 for Cycle for Survival – Memorial Sloan Kettering Cancer…

Jan 29th, 2019

FURMAN KORNFELD & BRENNAN LLP is pleased to announce that Rachel Aghassi and Peter Lucas will become partners and John Gizunterman has been named Of Counsel of the Firm, effective January 1, 2019

RACHEL AGHASSI, based in the Firm’s New York office, is a member of FKB’s legal malpractice and professional liability groups and has spear-headed FKB’s growing cyber-liability practice.  For almost five years, Ms. Aghassi has worked tirelessly on behalf of FKB clients and has produced numerous victories and achievements, both at…

Jan 23rd, 2019

FKB’s A. Michael Furman and Spencer A. Richards successfully obtain a CPLR §3211 pre-answer dismissal of a legal malpractice claim commenced in New York Supreme Court, New York County, arising from a private equity fund manager’s guilty plea to grand larceny of $9.3 million dollars in investor funds

In this matter, FKB’s client was retained by the plaintiff to represent him in a criminal proceeding arising from the plaintiff’s money laundering scheme used to misappropriate  $9.3 million dollars through a network of shell companies, entities, and accounts that were under the plaintiff’s control.  Against all odds, FKB’s client…

Jan 17th, 2019

FKB’S ANDREW TOBMAN OBTAINS VOLUNTARY DISMISSAL WITH PREJUDICE

FKB’s Andrew Tobman obtains a voluntary dismissal with prejudice in a case alleging a failure to diagnose a distal radius fracture.  The dismissal was achieved prior to producing the defendant (a spine surgeon) for a deposition.  Andrew’s strategy was to file for summary judgment and include inconsistent testimony obtained while…

Jan 15th, 2019

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer A. Richards successfully obtain a unanimous affirmation of a CPLR §3211 pre-answer dismissal in New York’s Appellate Division First Department on January 3, 2019

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer A. Richards successfully obtain a decision from the New York Supreme Court Appellate Division, First Judicial Department affirming a CPLR §3211 pre-answer dismissal in an action asserting legal malpractice related to a $1.5 million dollar real estate transaction for the purchase of…