News & Results

03/5/2021

FKB’s Andrew Jones has Insurance/Risk Management Article Published by Prominent Professional Liability Insurance Broker

FKB’s Andrew Jones wrote an article for a prominent professional liability insurance broker regarding claim notification and claim handling procedures entitled: How do I handle a Claim or Potential Claim against me? Top 5 Things to Consider.  The articlecites to New York law, but the principles apply across all states. The full published article can […]

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03/4/2021

FKB’S ANDREW R. JONES AND SHARI D. SCKOLNICK MOTION TO DISMISS GRANTED IN ITS ENTIRETY

On February 8, 2021, Hon. Robert A. Onofry, J.S.C.  granted FKB’s motion to dismiss and dismissed the case in its entirety.  In a 34-page Decision, the Court adopted all of our arguments, and the co-defendants’, and rightly granted dismissal.  Key to the finding was plaintiff’s continued inability so demonstrate anything inauthentic about the underlying Town of […]

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02/22/2021

FKB’S RACHEL AGHASSI AND DANIEL BUTLER DISMISS PLAINTIFF’S COMPLAINT BY WAY OF CPLR § 3211 PRE-ANSWER MOTION TO DISMISS

FKB’s Rachel Aghassi and Daniel H. Butler successfully dismissed Plaintiff’s Complaint in connection to her claims against a former Justice of the New York County Supreme Court, acting in his court-appointed capacity as a judicial receiver.  The lawsuit against FKB’s client, a well-respected former NYS Supreme Court Justice, stemmed from an underlying, contested matrimonial action […]

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01/14/2021

FKB’S RACHEL AGHASSI AND CHRISTOPHER SKOCZEN PUBLISH AN ARTICLE ON RANSOMWARE

FKB’s Rachel Aghassi and Christopher D. Skoczen publish an article on the New York State Bar Association Insurance Focus blog by USI Infinity entitled “Ransomware Attacks Targeting Attorneys on The Rise” The article can be found here.

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01/6/2021

FKB’s RACHEL AGHASSI AND ASHER KEST OBTAIN DISMISSAL OF A LEGAL MALPRACTICE ACTION ARISING FROM A COMMERCIAL DISPUTE

FKB’s Rachel Aghassi and Asher Kest obtained a post-answer dismissal on behalf of a transactional firm which represented certain corporate shareholders in an international fertilizer distributor. In an intra-corporate suit, various shareholders in the corporation are accused of fraud, breach of fiduciary duty, and conversion. Plaintiffs were shareholders who, individually and derivatively on behalf of […]

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01/6/2021

FKB’S ANDREW S. KOWLOWITZ AND DANIEL H. BUTLER DEFEAT A CONSTRUCTION LIABILITY PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT PURSUANT LABOR LAW §§240(1), 241(6)

FKB’S Andrew S. Kowlowitz and Daniel H. Butler defeat Plaintiff’s summary judgment motion in connection to Labor Law §§ 240(1) and 241(6).  Plaintiff, a laborer, sought summary judgment in connection with an unwitnessed fall from a scaffold.  FKB represents a construction company that hired Plaintiff’s employer as a subcontractor to perform interior framing work and […]

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01/6/2021

FKB’s Andrew R. Jones and Asher Kest Successfully Obtain Dismissal in Federal Fiduciary Duty Action Arising from Investment Dispute

FKB’s Andrew R. Jones and Asher Kest obtained a pre-answer dismissal on behalf of a commercial litigation firm, which represented various corporate entities in a British Virgin Islands/New York action concerning loans for a resort construction in Cartagena, Colombia. In an action by the investing corporation alleging fraud and breach of contract and fiduciary duty, […]

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12/31/2020

FKB’s A. Michael Furman and Rachel Aghassi successfully obtain summary judgment dismissal from the Appellate Division First Department of a high-exposure lawsuit against firm on the eve of trial

FKB’s A. Michael Furman and Rachel Aghassi obtained a decision from the New York Appellate Division, First Department reversing the lower court’s denial of summary judgment and dismissing the legal malpractice action on the eve of trial.  This legal malpractice action arose from an underlying personal injury litigation.  On June 24, 2007, Plaintiff, a unionized […]

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12/24/2020

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM WIN SECOND DEPARTMENT APPEAL UNANIMOUSLY AFFIRMING PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE, BREACH OF CONTRACT AND OVERBILLING CLAIMS

FKB’s A. Michael Furman and Aaron M. Barham won a Second Department appeal unanimously affirming a pre-answer dismissal on behalf of a general practice firm which represented the plaintiff homeowner in an underlying foreclosure action. The plaintiff falsely alleged that FKB’s clients “defaulted” in the underlying action, when in fact the plaintiff substituted herself as […]

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12/16/2020

FKB’s Tracy S. Katz and Irina Zamyatin Win Appeal in the Appellate Division, First Department Affirming Dismissal of a Podiatric Malpractice Case

FKB’s Tracy S. Katz and Irina Zamyatin obtained a unanimous decision in the First Department, Appellate Division, affirming summary judgment on behalf of FKB’s client, a podiatrist, and dismissing the case against him in its entirety.  The case involved allegations that our client a podiatrist, failed to timely and properly treat the patient’s heal ulcers […]

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