Year: 2020

Dec 31st, 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…

Dec 24th, 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…

Dec 16th, 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…

Dec 11th, 2020

FKB’S TRACY S. KATZ AND IRINA ZAMYATIN WIN A SUMMARY JUDGMENT MOTION ON BEHALF AN EMERGENCY ROOM PHYSICIAN

FKB’s Tracy S. Katz and Irina Zamyatin won a summary judgment motion on behalf FKB’s client, an Emergency Room physician, in a case involving allegations that the ER doctor failed to diagnose the plaintiff with a transient ischemic attack (TIA – i.e. a brief stroke-like attack that often precedes a…

Dec 11th, 2020

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF MALPRACTICE AND BREACH OF FIDUCIARY DUTY CLAIMS ARISING FROM A SHAREHOLDER DISPUTE

FKB’s  A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal on behalf of a commercial litigation firm which represented certain shareholders in a lawsuit involving disputes over ownership and proceeds from the sale of manufactured housing properties.  The plaintiffs were different shareholders of the housing property corporation who alleged that FKB’s client…

Dec 11th, 2020

FKB’s Food Drive for City Harvest

FKB is proud to partner with City Harvest and conduct a Food Drive to help our fellow New Yorkers in their time of need during this historic pandemic.  FKB staff and lawyers are contributing food items to help feed families in need.  If you are interested and want to assist,…

Nov 19th, 2020

FKB’S A. MICHAEL FURMAN AND SPENCER A. RICHARDS WIN APPEAL IN A LEGAL MALPRACTICE ACTION IN THE APPELLATE DIVISION, FIRST DEPARTMENT

The plaintiff claimed that FKB’s client, a prominent construction accident defense law firm, failed to timely notify the plaintiff’s excess insurance carrier that the damages in an underlying personal injury action exceeded the limits of the plaintiff’s primary insurance policy. FKB successfully moved to dismiss the plaintiff’s complaint in the…

Nov 5th, 2020

FKB’s Andrew S. Kowlowitz wins appeal in the Appellate Division, First Department affirming dismissal of a high exposure legal malpractice action

On November 5, 2020 the Appellate Division, First Department affirmed the summary judgment award dismissing a legal malpractice action brought by a wealthy Manhattan developer against a New York City Law Firm.  The Law Firm represented the developer in connection with a foreclosure action, arising from a commercial loan the…

Nov 5th, 2020

FKB’S A. MICHAEL FURMAN AND CHRISTOPHER D. SKOCZEN OBTAIN PRE-ANSWER DISMISSAL OF ACTION FOR LEGAL MALPRACTICE AND BREACH OF FIDUCIARY DUTY

FKB obtained a pre-answer dismissal of an action for legal malpractice and breach of fiduciary duty against FKB’s client arising from employment litigation.  FKB’s A. Michael Furman and Christopher D. Skoczen successfully argued that the plaintiff had failed to set forth a valid cause of action for either legal malpractice…

Oct 26th, 2020

FKB’s Andrew S. Kowlowitz and Shari Sckolnick obtain summary judgment dismissal of a high exposure Insurance Broker/Agent Errors & Omissions Claim, arising from allegations that an insurance broker failed to procure sufficient insurance, and timely tender a multi-million dollar claim to an insurer

This matter involved a claim that an insurance agent (FKB’s client) failed to secure proper insurance coverage and timely report a claim on behalf of it’s client, BeautyKo (a large Amazon virtual store).  Amazon brought a claim against BeautyKo related to, among other things, inventory discrepancies.  BeautyKo alleged that since…

Oct 13th, 2020

FURMAN KORNFELD & BRENNAN LLP, ANNOUNCES THAT ELEVEN FKB ATTORNEYS WERE LISTED IN THE 2020 NEW YORK SUPER LAWYERS MAGAZINE

Five FKB partners were listed as super lawyers in the 2019 New York Super Lawyers Magazine. A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz and Andrew R. Jones have been named 2020 New York Metro Super Lawyers. Rachel Aghassi, Benjamin Oxenberg, Spencer A. Richards, Shari Sckolnick,…

Sep 25th, 2020

FKB’S VELOCITY TEAM- COLUMBIA’S RIDE TO END CANCER

On October 4, 2020, FKB’s A. Michael Furman, Andrew Jones and David Furman will once again participate in “Velocity,” Columbia University Medical Center’s outdoor cycling fundraiser for the Herbert Irving Comprehensive Cancer Center.  To learn more about Velocity, click here: www.velocityride.org. This year’s Velocity ride will be different- we will…

Sep 25th, 2020

FKB’S MIKE FURMAN WAS A FEATURED SPEAKER AT THE NEW YORK STATE BAR ASSOCIATION’S CLE LECTURE: RISK MANAGEMENT FOR LAWYERS: 2020

FKB’s A. Michael Furman lectured at the New York State Bar Association’s CLE Program: Risk Management for Lawyers: 2020. Mike Furman spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes.”  The seminar took place virtually on September 25, 2020 and was available to NY CLE attendees throughout New York State. …

Sep 15th, 2020

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN OBTAIN A PRE-ANSWER DISMISSAL OF FEDERAL ACTION BASED ON ROOKER-FELDMAN DOCTRINE

FKB’s Rachel Aghassi and Christopher D. Skoczen obtained a pre-answer dismissal of a discrimination claim in U.S. District Court, Eastern District of New York brought against FKB’s client, an attorney who represented the executor of an estate in litigation involving the estate’s assets.  In its successful pre-answer motion to dismiss,…

Aug 19th, 2020

FKB’S ANDREW JONES DISCUSSES BEST PRACTICES ON THE INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL (IADC) WEBINAR “CASE WITHIN A CASE: DEFENSE OF A LEGAL MALPRACTICE CASE VIA TRIAL OF THE UNDERLYING ACTION.”

The Webinar will analyze defending a legal liability claim via the trial of the underlying case. The Webinar will also address other Professional Liability Defenses, but will focus on the strategy and mechanics of proving no causation/damages via trial of the “case within a case.” Learn more and register: https://www.iadclaw.org/events/case-within-a-case-defense-of-a-legal-malpractice-case-via-trial-of-the-underlying-action/

Aug 18th, 2020

FKB’S FUNDRAISER TO SUPPORT NYP CHALK/CORBIN HILL FOOD PROJECT

In response to the food shortage crisis confronting New Yorkers due to the COVID-19 pandemic, Furman Kornfeld & Brennan LLP is fundraising for NYP CHALK to help feed our fellow New Yorkers who have been suffering due to the coronavirus pandemic. NYP CHALK is an organization that helps children learn…

Jul 13th, 2020

FKB’S ANDREW S. KOWLOWITZ AND DANIEL BUTLER OBTAIN SUMMARY JUDGMENT DISMISSING CLAIMS AGAINST A CONSTRUCTION SCAFFOLDING CONTRACTOR

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…

Jul 13th, 2020

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…

Jul 13th, 2020

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…

Jul 1st, 2020

FKB’S JENNIE M. LUNDMAN AND ANTHONY V. FRANZOLIN OBTAINED A DECISION GRANTING SUMMARY JUDGMENT AND DISMISSING A CASE AS TO A WELL-ESTABLISHED NURSING HOME THAT HAS BEEN IN OPERATION FOR MANY YEARS

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…

Jun 22nd, 2020

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE COUNTERCLAIMS ARISING FROM AN UNDERLYING PRISON BURN INJURY CASE

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…

May 7th, 2020

Highest Court in New York Issues Rare Decision on Judiciary Law §487 Governing Allegations of Deception Against Attorneys

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…

May 6th, 2020

FKB IS PROUD TO ANNOUNCE THAT ELEVEN FKB ATTORNEYS WERE LISTED IN THE 2020 NEW YORK METRO AREA SUPER LAWYERS LIST

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…

Apr 21st, 2020

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN OBTAIN PRE-ANSWER DISMISSAL OF ACTION IN U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YORK ON PROCEDURAL GROUNDS

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…

Apr 10th, 2020

FKB’S UPDATE ON COVID-19’S ACCELERATION OF TELEMEDICINE

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

Mar 2nd, 2020

FKB’S MIKE FURMAN LECTURED AT THE NEW YORK STATE BAR ASSOCIATION’S RISK MANAGEMENT 2020 CLE PROGRAM

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…

Feb 27th, 2020

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE CLAIMS AGAINST A REAL ESTATE TRANSACTION/LITIGATION FIRM

FKB’s  A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal of a legal malpractice claim brought in Nassau County Supreme Court against a real estate transaction/litigation firm which had represented an Indian food restaurant.  In its pre-answer motion to dismiss, FKB successfully argued that the law firm’s representation of the…

Feb 27th, 2020

FKB’S ANDREW S. KOWLOWITZ AND DAVID B. STEINBRUCK OBTAIN SUMMARY JUDGMENT OF A LABOR LAW 240 ACTION IN THE BRONX COUNTY SUPREME COURT

On February 14, 2020, FKB obtained summary judgment, pursuant to CPLR § 3212,  in the Bronx County Supreme Court, dismissing Labor Law claims against their client, in connection with a claim involving severe personal injuries arising from a Plaintiff’s claim of a fall from a construction scaffold.   FKB’s client,…

Feb 5th, 2020

FURMAN KORNFELD & BRENNAN LLP IS PLEASED TO ANNOUNCE THAT COREY M. COHEN HAS BEEN NAMED OF COUNSEL OF THE FIRM, EFFECTIVE JANUARY 1, 2020

Corey M. Cohen is based in Furman Kornfeld & Brennan LLP’s New York office. Mr. Cohen’s practice focuses on: (1) insurance coverage analysis and litigation; (2) legal malpractice and professional liability; and (3) general liability litigation with a focus on construction related matters. His diverse experience as a member of…

Jan 16th, 2020

FKB’S TRACY S. KATZ SUCCESSFULLY OBTAINS A UNANIMOUS DECISION FROM THE NEW YORK APPELLATE DIVISION, FIRST JUDICIAL DEPARTMENT GRANTING SUMMARY JUDGMENT.

FKB’s Tracy S. Katz successfully obtains a unanimous decision from the New York Appellate Division, First Judicial Department granting summary judgment on behalf of a security company for alleged injuries sustained by the plaintiffs in a fight with a security guard employed by the company. The case concerned allegations that…

Jan 3rd, 2020

FKB CELEBRATES HOLIDAY GIFT EXCHANGE AND FIRST ANNUAL HOLIDAY COOKIE CONTEST!

Furman Kornfeld & Brennan celebrated the holiday season with in a Secret Santa gift exchange and our first ever cookie contest.  An overwhelming majority of the firm participated, exchanging incredibly thoughtful and creative gifts. Gifts varied from toys for fluffy loved ones to music wall art.  Our annual cookie fest…

Jan 3rd, 2020

FKB’S NEIL KORNFELD OBTAINS A DEFENSE VERDICT IN A PODIATRIC MALPRACTICE CASE IN SUPREME COURT, DUTCHESS COUNTY

The plaintiff claimed the defendant failed to attempt conservative treatment prior to performing surgery and performed the incorrect surgery to address the plaintiff’s bunion deformity and arthritic big toe joint causing permanent deformity and need for fusion surgery. Plaintiff argued that defendant’s surgery was doomed to fail because it did…