Year: 2021

Nov 23rd, 2021

FKB’S SPENCER A. RICHARDS AND DAVID P. FURMAN OBTAINED A PRE-ANSWER DISMISSAL OF A LEGAL MALPRACTICE LAWSUIT ON BEHALF OF A WELL-RESPECTED MEDICAL MALPRACTICE PLAINTIFF’S ATTORNEY

FKB’s Spencer A. Richards and David P. Furman obtained a pre-answer dismissal of a legal malpractice lawsuit on behalf of a well-respected medical malpractice plaintiff’s attorney. FKB’s client represented Plaintiff in an underlying medical malpractice action and negotiated a tentative settlement agreement on behalf of the plaintiff. However, plaintiff refused…

Nov 17th, 2021

FKB’S MIKE FURMAN TO SPEAK AT THE DRI CONFERENCE ON LAW FIRM SUCCESSION

FKB’s Mike Furman will join a nationwide panel of distinguished speakers at the upcoming DRI Professional Liability Conference in NYC on December 9-10, 2021 to discuss “Designing A Succession Plan for Your Law Firm.”  This presentation takes a deep dive into succession planning and its challenges, along with best practices…

Nov 8th, 2021

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN SECOND CIRCUIT DECISION UPHOLDING PRE-ANSWER DISMISSAL OF FRAUD LAWSUIT

FKB’s A. Michael Furman and Aaron M. Barham obtained a favorable decision in the U.S. Court of Appeals for the Second Circuit upholding pre-answer dismissal of a fraud lawsuit.  The plaintiff, the spouse of a deceased shipping executive, alleged that FKB’s client, an attorney, conspired with other defendants to “squeeze out” the decedent’s interest…

Nov 8th, 2021

FKB’S JENNIE M. LUNDMAN SUCCESSFULLY DISMISSED ALL CLAIMS AGAINST FKB’S CLIENT, A NEW YORK BASED NURSING HOME, BY WAY OF A SUMMARY JUDGMENT MOTION

FKB’s Jennie M. Lundman successfully dismissed all claims against FKB’s client, a New York based nursing home, by way of a summary judgment motion. Plaintiff, a 57 year old female claimed that she developed a Stage IV sacral pressure ulcer secondary to the negligent care and treatment she received by…

Oct 18th, 2021

FKB’S MIKE FURMAN WAS A FEATURED SPEAKER AT THE NEW YORK STATE BAR ASSOCIATION’S CLE LECTURE: RISK MANAGEMENT FOR LAWYERS: 2021

FKB’s A. Michael Furman lectured at the New York State Bar Association’s CLE Program: Risk Management for Lawyers: 2021. Mike Furman spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes.”  The seminar took place virtually on October 1, 2021 and was available to NY CLE attendees throughout New York State. The…

Oct 13th, 2021

FURMAN KORNFELD & BRENNAN LLP ANNOUNCES THAT THIRTEEN FKB ATTORNEYS WERE SELECTED IN THE 2021 NEW YORK SUPER LAWYERS MAGAZINE

Eight FKB attorneys were selected as super lawyers in the 2021 New York Super Lawyers Magazine. A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones, Michael Gauvin, Benjamin Oxenberg, and Shari Sckolnick have been named 2021 New York Metro Super Lawyers. Rachel Aghassi,  Daniel Butler, Spencer A. Richards, Aaron M….

Oct 5th, 2021

FKB Leads The Way In Velocity, Raising Over $48k For Cancer Research At Columbia’s Cancer Center

Team FKB once again participated in “Velocity,” Columbia University Medical Center’s fundraiser for the Herbert Irving Comprehensive Cancer Center.  To learn more about Velocity, click here: www.velocityride.org. This year, Team FKB did a 12K walk along the West Side of NYC- a sun splashed walk from the WTC Memorial, up…

Sep 15th, 2021

FKB’S ANDREW JONES AND JESSICA SERRANO GODDEYNE DISCUSS ATTORNEY-CLIENT PRIVILEGE BETWEEN LAWYERS AT THE SAME FIRM

FKB’s Andrew Jones and Jessica Serrano Goddeyne published an article on the New York State Bar Association Insurance Focus blog by USI Infinity entitled: “Attorney-Client Privilege Did Not Apply Between Lawyers at the Same Firm When One Was Party to a Case”. The full article can be found here.

Sep 15th, 2021

FKB’S ANDREW R. JONES APPOINTED VICE CHAIR OF INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL (IADC) PROFESSIONAL LIABILITY COMMITTEE – 2021-2022

Following his successful 2020-2021 year in the role, FKB’s Andrew R. Jones has been reappointed Vice Chair of the International Association of Defense Counsel (IADC)’s Professional Liability Committee focusing on Communications.   Biographical and contact Information on the full Committee can be found here: More information on the IADC can…

Aug 31st, 2021

FKB’S SAMANTHA PANNY WAS A FEATURED SPEAKER AT THE NATIONAL ASSOCIATION OF PATENT PRACTITIONERS’ ANNUAL MEETING AND CONFERENCE 2021

FKB’s Samantha Panny presented at the National Associate of Patent Practitioners’ Annual Meeting and Conference 2021. Samantha presented at the NAPP Annual Meeting and Conference on the topics of risk management and ethics in patent prosecution and practice. NAPP is a non-for-profit organization is designed to provide networking, education, collegial…

Aug 9th, 2021

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

Furman Kornfeld & Brennan LLP will once again participate in “Your Velocity”- Columbia University Medical Center’s fundraiser for clinical care and research at the Herbert Irving Comprehensive Cancer Center.  To learn more about Velocity, click here: www.velocityride.org. This year’s Your Velocity will once again be socially distant- we will walk, run…

Aug 9th, 2021

FKB’S RACHEL AGHASSI DISCUSSES THE IMPORTANCE OF HAVING A DATA BREACH PROTOCOL IN AN ARTICLE FOR USI INSURANCE SERVICES

FKB’s Rachel Aghassi publishes an article on the New York State Bar Association Insurance Focus blog by USI Infinity entitled “Fortifying the Firm: How to Confront Digital Threats to the Modern Law Firm” The article can be found here.

Aug 2nd, 2021

FKB’S ANDREW KOWLOWITZ AND DANIEL BUTLER DISMISS THIRD-PARTY ACTION ON SUMMARY JUDGMENT

FKB’s Andrew Kowlowitz and Daniel Butler successfully dismissed all claims against FKB’s client, a third-party defendant in a construction-site accident case, by way of a summary judgment motion.   Plaintiff, a construction worker, alleges that a chimney collapsed in the demolition phase of a construction project, and fell downward on to…

Aug 2nd, 2021

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN OBTAIN DISMISSAL OF APPEAL IN THE SECOND CIRCUIT COURT OF APPEAL

FKB’s Rachel Aghassi and Christopher D. Skoczen obtained the dismissal of an appeal to the Second Circuit Court of Appeals of an Order dismissing an action against FKB’s client law firm, alleging, inter alia, fraud, civil rights violations, and violations of the Racketeer Influenced and Corrupt Organizations Act. The Second…

Jul 21st, 2021

FKB’S RACHEL AGHASSI AND SPENCER RICHARDS OBTAIN PRE-ANSWER DISMISSAL OF A JUDICIARY LAW §487 VIOLATION LAWSUIT

FKB’s Rachel Aghassi and Spencer Richards obtain Pre-Answer dismissal of a Complaint alleging violation of Judiciary Law § 487 filed in the Supreme Court, New York County filed by a pro se attorney against FKB’s client for allegedly asserting multiple misrepresentations during a prior litigation to enforce the terms of…

Jul 19th, 2021

FKB’s ANDREW R. JONES AND AARON M. BARHAM OBTAIN DISMISSAL OF LEGAL MALPRACTICE LAWSUIT ARISING FROM UNDERLYING OFFICE OF PROFESSIONAL MISCONDUCT (OPMC) PROCEEDING

FKB’s Andrew R. Jones and Aaron M. Barham recently obtained dismissal of a legal malpractice lawsuit on behalf a prominent and well respected medical malpractice defense attorney.  The underlying representation arose from FKB’s client’s representation of an orthopedic surgeon in a New York Department of Health Office of Professional Medical Conduct (OPMC) investigation…

Jun 22nd, 2021

FKB’S RACHEL AGHASSI AND ANDREW JONES DISCUSS CYBER SCAMS AFFECTING ATTORNEYS WITH JENNA GREENE AT REUTERS LEGAL

According to Furman Kornfeld & Brennan LLP partners Rachel Aghassi and Andrew Jones, who focus on professional liability and legal malpractice defense, lawyers often encounter successful solicitations that are usually quite sophisticated. Aghassi says there is one simple thing lawyers can do to protect themselves: wait at least three weeks – and even as…

Jun 6th, 2021

FKB’s ANDREW R. JONES AND SALVATORE LAPETINA OBTAIN PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE LAWSUIT

FKB’s Andrew R. Jones and Salvatore Lapetina obtained a pre-answer dismissal of a legal malpractice lawsuit filed in the Supreme Court, Queens County, by a former client who alleged FKB’s client, an experienced attorney, failed to commence an action for assault and battery within the applicable statute of limitations period. In its CPLR 3211(a)(1)…

Jun 3rd, 2021

FKB’s ANDREW R. JONES, AARON M. BARHAM AND NICOLE PALERMO OBTAIN PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE LAWSUIT ARISING FROM AN EASEMENT DISPUTE

FKB’s Andrew R. Jones, Aaron M. Barham and Nicole Palermo obtained a pre-answer dismissal of a legal malpractice lawsuit filed in the New York Supreme Court, Queens County arising from a property easement dispute. The Plaintiff’s allegations involved two different representations – first, where FKB’s client represented Plaintiff for a…

Jun 3rd, 2021

FKB’S ANDREW JONES, COREY COHEN AND NICOLE PALERMO HAVE ARTICLE PUBLISHED IN THE NEW YORK LAW JOURNAL

FKB’s Andrew Jones, Corey Cohen and Nicole Palermo authored an article that was published in the May 21, 2021 special edition of the New York Law Journal, entitled “The 30-Day Rule for Insurer Coverage Disclaimers Still Stands.”  The article details the timing challenges that insurers face and provides practical tips on how…

May 24th, 2021

FKB’S TRACY S. KATZ OBTAINS SUMMARY JUDGMENT DISMISSING A MEDICAL MALPRACTICE CASE AGAINST A RADIOLOGY FACILITY

FKB’s Tracy S. Katz obtained summary judgment on behalf of FKB’s client, a radiology facility, based on the argument that the facility did not owe the patient a duty of care as no physician-patient relationship was established. The case involved the alleged failure to timely diagnose and treat an ischemic…

Apr 26th, 2021

FKB’S TRACY S. KATZ OBTAINS A DISCONTINUANCE OF A MEDICAL MALPRACTICE ACTION UPON SERVICE OF A MOTION FOR SUMMARY JUDGMENT

The case involved allegations that  FKB’s client, a radiologist, failed to diagnose a vesicovaginal fistula (an abnormal hole between the bladder and vagina) on a CT scan.  The patient was subsequently diagnosed with a fistula found on a CT scan approximately 5 weeks later, and required surgical repair.  As a…

Apr 15th, 2021

FKB’S ANDREW JONES AND DAVID FURMAN CONTRIBUTED TO THE PLDF APPELLATE REFERENCE GUIDE

The 2021 PLDF Appellate Reference Guide provides a general overview of the timeline and rules for filing an appeal in each of the 50 states. FKB’s Andrew Jones and David Furman penned an overview of New York State’s appeal process and timeline.  Click here to see the PLDF Appellate Reference…

Apr 15th, 2021

FKB’S ANDREW S. KOWLOWITZ, SHARI SCKOLNICK AND DAVID FURMAN DISMISS PLAINTIFF’S COMPLAINT BY WAY OF CPLR § 3211 PRE-ANSWER MOTION TO DISMISS

FKB’s Andrew S. Kowlowitz, Shari Sckolnick and David Furman were successful in obtaining a dismissal of a legal malpractice lawsuit filed in Supreme Court County of Rockland, stemming from the representation of Plaintiff in his divorce action with his former spouse. The Court dismissed the Complaint with respect to the…

Apr 15th, 2021

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN OBTAIN A PRE-ANSWER DISMISSAL OF DEFAMATION ACTION AGAINST ATTORNEY

FKB’s Rachel Aghassi and Christopher D. Skoczen obtained a pre-answer dismissal of a defamation action in Supreme Court, New York County brought against FKB’s client, an attorney who made comments to the New York Post regarding a pending action involving his client in U.S. District Court. In its successful pre-answer…

Apr 1st, 2021

FKB’S ANDREW JONES, DAVID FURMAN AND NICOLE PALERMO RECENTLY CONTRIBUTED TO THE PLDF’S 2020 SURVEY OF LAW

FKB’s Andrew Jones, David Furman and Nicole Palermo recently contributed to the Professional Liability Defense Federation (PLDF) 2020/2021 Survey of Law. Click here for the survey. PLDF is a not-for-profit organization designed to bring together attorneys, claims professionals and risk management specialists to share expertise and information helpful to the…

Mar 24th, 2021

FKB’s A. MICHAEL FURMAN AND AARON M. BARHAM OBTAIN PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE LAWSUIT ON BEHALF OF PROMINENT CRIMINAL DEFENSE ATTORNEY

FKB’s A. Michael Furman and Aaron M. Barham obtained a pre-answer dismissal of a legal malpractice lawsuit filed in the Southern District of New York by a former dermatology physician’s assistant who pled guilty to perjury and sexual misconduct offenses against two former patients.  The plaintiff alleged that FKB’s client, a prominent criminal defense…

Mar 23rd, 2021

FKB’S ANDREW JONES AND DANIEL BUTLER HAVE ARTICLE PUBLISHED IN THE PROFESSIONAL LIABILITY DEFENSE FEDERATION QUARTERLY

FKB’s Andrew Jones and Daniel Butler have authored an article that has been included in the Professional Liability Defense Federation’s Quarterly Publication, titled “Don’t Answer That” – Impermissible Tactics by Adverse Counsel During a Remote Deposition (and How to Respond).”  The article details depositions in the ZOOM era, and provides…

Mar 15th, 2021

FKB’S MIKE FURMAN AND RACHEL AGHASSI ARE FEATURED SPEAKERS AT THE NEW YORK STATE BAR ASSOCIATION’S LEGAL MALPRACTICE 2021 CLE

FKB’s Mike Furman served as overall planning chair for the New York State Bar Association’s Statewide Legal Malpractice 2021 CLE. This bi-annual CLE program is designed to educate attorneys on how to prosecute and/or defend a legal malpractice action. In addition, this program educates attorneys about their legal malpractice exposures, what…

Mar 12th, 2021

FKB’S NEIL KORNFELD WAS AN INVITED SPEAKER AT THE NEW YORK COLLEGE OF PODIATRIC MEDICINE

FKB’s Neil Kornfeld presented a lecture and Q & A to The New York College of Podiatric Medicine on theories of podiatric malpractice and risk management issues. 

Mar 12th, 2021

FKB’S TRACY S. KATZ AND DESIREE JAMASBI OBTAIN A DISCONTINUANCE OF A MEDICAL MALPRACTICE ACTION UPON SERVICE OF A MOTION FOR SUMMARY JUDGMENT

The case involved claims that defendants negligently treated a then 35 year old man for his ulcerative colitis with a high dose of Prednisone, thereby causing him to develop Fournier’s Gangrene (generally defined as gangrene/necrotic tissue to the penis, groin and scrotum in men).  Plaintiff required numerous subsequent hospitalizations and…

Mar 12th, 2021

FKB’S ANDREW TOBMAN WINS SUMMARY JUDGMENT

FKB’s Andrew Tobman was successful in obtaining a dismissal with prejudice as to three physicians named as third-party defendants in a bed-sore action.  Hon. Bernard J. Graham authored a 12-page Decision and Order adopting many of the arguments made by Andrew in his moving papers.  The Court determined and accepted…

Mar 5th, 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….

Mar 4th, 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…

Feb 22nd, 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…

Jan 14th, 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.

Jan 6th, 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…

Jan 6th, 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…

Jan 6th, 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…