News & Results

FKB’s Andrew Kowlowitz and Daniel Butler have obtained summary judgment dismissing a third-party action and all cross claims against their client, a New York City-based construction company retained to install and erect a scaffold on a construction site.  Plaintiff’s personal injury claim arises from a trip-and-fall over the cross-bracing of pipe scaffolding, installed by FKB’s […]

FKB’s Andrew Tobman obtains a voluntary dismissal for podiatrist, and limits the defendant/group practice’s exposure to vicarious responsibility, only.  The matter is a malpractice case alleging that two podiatrist caused (through excision of a diabetic ulcer), and failed to timely diagnose and treat a right foot osteomyelitis.  Plaintiff developed sepsis and required multiple surgeries, including […]

FKB’S Andrew Tobman represented a NYC podiatrist in a series of insurance company audit hearings, where repayment of nearly $200,000 was assessed against the clinician.  Andrew negotiated for the podiatrist to participate in billing and documentation re-education lectures, and was able to shift the alleged billing inconsistencies to the doctor’s third-party billing agency.  The insurance […]

FKB’s Jennie M. Lundman and Anthony V. Franzolin obtained a decision granting summary judgment and dismissing a case as to FKB’s client, a well-established nursing home that has been in operation for many years. In this case plaintiff alleged that the nursing home failed to properly assess a resident as a fall risk and implement […]

FKB’s  A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal of a legal malpractice counterclaim brought against FKB’s client, a personal injury litigator who sought to recoup contingency fee proceeds from an underlying prison burn injury settlement.  In its successful pre-answer motion to dismiss, FKB annexed documentary evidence that disproved the claimant’s allegations that FKB’s client purportedly […]

The New York Court of Appeals has just issued a rare decision finding that a Judiciary Law § 487 claim cannot be sustained if the claim arises out of an attorney’s alleged misconduct occurring before the underlying litigation was commenced, or after it concluded.  See Bill Birds, Inc. v. Stein Law Firm, P.C., _ N.Y.3d __, […]

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 2020 New York Metro Area Super Lawyers list and Rachel Aghassi, Benjamin Oxenberg, Daniel Butler,  Aaron Barham  and Spencer Richards  were listed as New York Metro Rising Stars. “Super Lawyers” is a list of preeminent lawyers drawn from various […]

FKB’s Rachel Aghassi and Christopher D. Skoczen obtained a pre-answer dismissal of an action against a law firm brought in U.S. District Court, Eastern District of New York, alleging, inter alia, fraud, civil rights violations, and violations of the Racketeer Influenced and Corrupt Organizations Act.  In its pre-answer motion to dismiss, FKB successfully argued that […]

“Covid-19 Accelerates the Use of Telemedicine” by Neil S. Kornfeld and Desiree Jamasbi

FKB’s A. Michael Furman was one of three featured speakers at the New York State Bar Association’s Risk Management 2020 CLE Program along with Marian C. Rice, Esq. of L’Abbate, Balkan, Colavita & Contini, L.L.P. and Mike Mooney, Senior Vice President and Professional Liability Practice Leader for USI Affinity.  The Risk Management 2020 CLE Program was sponsored […]