Year: 2022

Dec 30th, 2022

FKB’S ANDREW KOWLOWITZ AND SALVATORE LAPETINA OBTAIN DISCONTINUANCE OF LABOR LAW AND NEGLIGENCE CLAIMS AGAINST TRUCK MAINTENANCE COMPANY

In an action involving road milling work in Westchester, plaintiff was the driver of a dump truck and claimed the truck’s brakes failed, causing him to jump from the moving truck, sustaining injuries. FKB’s client was the truck maintenance, repair, and inspection facility who performed maintenance and repair work to…

Dec 23rd, 2022

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN ACHIEVE DISMISSAL OF ACCOUNTING MALPRACTICE ACTION SEEKING MILLIONS IN DAMAGES

FKB’s Rachel Aghassi and Christopher D. Skoczen succeeded on a motion to dismiss an action for accounting malpractice which sought millions in damages from FKB’s client.  The Supreme Court, New York County held that Plaintiff had failed to state a valid claim for accounting malpractice, requiring dismissal of the Complaint….

Dec 7th, 2022

FKB’S ANDREW S. KOWLOWITZ AND SPENCER A. RICHARDS SUCCESSFULLY OBTAINED PRE-ANSWER DISMISSAL OF A COMPLAINT ALLEGING LEGAL MALPRACTICE

FKB’s Andrew S. Kowlowitz and Spencer A. Richards successfully obtained Pre-Answer dismissal of a Complaint alleging legal malpractice filed in the Supreme Court, New York County, against FKB’s client, a prominent real estate law firm, arising out of FKB’s client’s representation of a Co-op Board. In the Underlying Action, FKB’s…

Dec 5th, 2022

FKB’S MIKE FURMAN TO SPEAK AT THE NEW YORK STATE BAR ASSOCIATION’S CLE LECTURE: RISK MANAGEMENT FOR LAWYERS: 2022

FKB’s A. Michael Furman will speak at the New York State Bar Association’s CLE Program: Risk Management for Lawyers: 2022. Mike Furman will cover the topic “Effective Client Relations and Resolving Attorney-Client Disputes.”  The seminar will take place virtually on December 13, 2022 and be available to NY CLE attendees throughout New…

Dec 1st, 2022

FKB’S JOHN GIZUNTERMAN AND ITA PARNASS OBTAIN SUMMARY JUDGMENT AND DISMISSAL OF MEDICAL MALPRACTICE ACTION AGAINST MAJOR NEW YORK CITY HOSPITAL NETWORK

FKB’s John Gizunterman and Ita Parnass successfully obtained summary judgment and dismissal of plaintiff’s medical malpractice action against FKB client, a major New York City hospital network and several physicians affiliated with the facility. This action involved allegations concerning failure to treat kidney stones, obstructive uropathy, and a calcified ureteral…

Nov 9th, 2022

FKB had a spook-tacular Halloween Potluck and Take Your Children to Work Day!

The best tradition is back- FKB Halloween! Great to see the kids and celebrate with trick-or-treating and a potluck!

Nov 1st, 2022

FKB’s ANDREW KOWLOWITZ AND SALVATORE LAPETINA OBTAIN SUMMARY JUDGMENT AND DISMISSAL OF LABOR LAW § 240(1) CLAIM ON BEHALF OF CONTRACTOR

FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of plaintiff’s Labor Law § 240(1) claim against FKB’s client, a concrete contractor, in the Queens County Supreme Court. In its motion for summary judgment, FKB successfully argued, among other things, that the earth ramp upon which the plaintiff allegedly fell while…

Oct 31st, 2022

FKB’S NEIL KORNFELD OBTAINS A DEFENSE VERDICT ON BEHALF OF AN EMERGENCY ROOM PHYSICIAN IN SUPREME COURT, QUEENS COUNTY

FKB’s Neil Kornfeld obtains a defense verdict on behalf of an ER physician in Supreme Court, Queens County. Plaintiff alleged the defendant ER physician failed to timely diagnose and treat a stroke.  Plaintiff claimed that the ER physician failed to order a stat neurology consult and order frequent neurological checks causing a…

Oct 31st, 2022

FKB’S RACHEL AGHASSI AND CHRISTOPHER D. SKOCZEN SUCCESSFULLY OBTAIN AFFIRMATION OF DISMISSAL OF DEFAMATION ACTION AGAINST ATTORNEY

FKB’s Rachel Aghassi and Christopher D. Skoczen prevailed in obtaining an affirmation of dismissal of an action for defamation and intentional infliction of emotional distress against FKB’s client, an attorney who made comments to the New York Post regarding a then-pending action involving his client in U.S. District Court.  The…

Sep 30th, 2022

FKB’S MIKE FURMAN SPEAKS AT COLUMBIA CANCER CENTER’S CPDM TOWN HALL

On September 30, 2022, FKB’s Mike Furman spoke at the CPDM (Clinical Trial Data Management) Town Hall at the Irving Cancer Research Center on the Columbia University Medical Center Campus.  The focus of Mike’s presentation was on the clinical trial patient’s perspective, and the positive impact that the clinical trial…

Sep 22nd, 2022

FKB’S ANDREW KOWLOWITZ AND DAVID GORELICK OBTAIN SUMMARY JUDGMENT AND DISMISSAL OF LABOR LAW ACTION ON BEHALF OF A CONTRACTOR

FKB’s Andrew Kowlowitz and David Gorelick have successfully obtained summary judgment and dismissal of all claims against FKB’s client, a plumbing contractor, in the Queens County Supreme Court. In its motion for summary judgment, FKB successful argued, among other things, that the scope of FKB’s client’s plumbing work was limited…

Sep 13th, 2022

FKB’s RACHEL AGHASSI AND SALVATORE LAPETINA OBTAIN PRE-ANSWER DISMISSAL OF A LEGAL MALPRACTICE ACTION ARISING FROM AN UNDERLYING SURROGATE’S COURT MATTER

FKB’s Rachel Aghassi and Salvatore Lapetina successfully obtained Pre-Answer dismissal of a Complaint alleging legal malpractice, breach of fiduciary duty, and breach of contract filed in the Supreme Court, Westchester County against FKB’s client arising out of FKB’s client’s representation of trust beneficiaries in a related Surrogate’s Court Matter. In the Surrogate’s Matter, the…

Aug 30th, 2022

FKB’s Velocity Team- Columbia’s Ride To End Cancer

On October 2, 2022, Furman Kornfeld & Brennan LLP will once again participate in 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. Velocity will be in person once again!  Team FKB will participate…

Aug 24th, 2022

FKB’S ANDREW TOBMAN WINS AT TRIAL

FKB’s Andrew Tobman secured a unanimous defense verdict defending a hospital in Kings County Supreme Court before Judge Edwards against claims of podiatric malpractice. Plaintiff alleged that the codefendant podiatric surgeon and the hospital clinic staff failed to attempt conservative/non-operative treatment prior to performing a major right foot reconstruction. Plaintiff…

Aug 24th, 2022

FKB’S TRACY S. KATZ OBTAINS A DEFENSE VERDICT IN A CHIROPRACTIC MALPRACTICE CASE IN BRONX CIVIL SMALL CLAIMS COURT

FKB’s Tracy S. Katz obtains a defense verdict in a chiropractic malpractice case in Bronx Civil Small Claims Court. Plaintiff sued FKB’s client, a chiropractor, alleging that he negligently utilized electrical stimulation on her back, causing 2nd degree burns and permanent scarring.  At trial, defendant argued that the chiropractor’s use…

Aug 22nd, 2022

FKB’S RACHEL AGHASSI AND ASHER KEST OBTAINED A RARE PRE-ANSWER DISMISSAL OF A CYBER-SECURITY BREACH COMPLAINT AGAINST AN ATTORNEY

FKB’s Rachel Aghassi and Asher Kest obtained a rare pre-answer dismissal of a cyber-security breach complaint seeking contribution, indemnity, and legal malpractice subrogation against attorneys who allegedly wired funds to an incorrect bank account as the result of a cyber-scam. The decision was recently upheld on a motion to reargue….

Aug 9th, 2022

FKB’S A. MICHAEL FURMAN, AARON M. BARHAM AND MEGAN SMITH OBTAIN 3211 DISMISSAL OF A THIRD-PARTY COMPLAINT ON BEHALF OF A TRANSACTIONAL ATTORNEY IN SUPREME COURT, SUFFOLK COUNTY

FKB’s A. Michael Furman, Aaron M. Barham and Megan Smith obtained pre-answer dismissal of a third-party complaint on behalf of a transactional attorney who represented the first-party plaintiffs in an asset sale agreement.  This agreement was the subject of an underlying commercial litigation that was decided against the first-party plaintiffs, who then sued…

Aug 2nd, 2022

FURMAN KORNFELD & BRENNAN LLP IS PLEASED TO ANNOUNCE THAT DAVID S. STEINBRUCK HAS BEEN NAMED OF COUNSEL OF THE FIRM, EFFECTIVE AUGUST 1, 2022

David B. Steinbruck  is based in Furman Kornfeld & Brennan LLP’s New York office. Mr. Steinbruck’s practice focuses on: (1) general liability litigation with a focus on construction related matters; (2) legal malpractice and professional liability; and (3) insurance coverage analysis and related litigation. His practice primarily focuses on construction…

Jun 30th, 2022

FKB’S ANDREW JONES AND SHARI SCKOLNICK OBTAIN PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE ACTION ARISING FROM A FORECLOSURE PROCEEDING

FKB’s Andrew Jones and Shari Sckolnick obtained a pre-answer dismissal of a complicated legal malpractice action from Westchester County Supreme Court, arising from an underlying foreclosure proceeding.  Plaintiff, an investor in a loan, alleged legal malpractice, a claim for punitive damages and purported breaches of the Rules of Professional Conduct…

Jun 23rd, 2022

FKB MOVES INTO NEW OFFICES AT WALL STREET PLAZA, 88 PINE STREET, 32ND FLOOR

Furman Kornfeld & Brennan LLP has moved to new downtown offices at Wall Street Plaza, 88 Pine Street, 32nd Floor, New York, New York 10005.  The new offices are state of the art, a block away from the South Street Seaport with commanding views of the East River, New York…

Jun 15th, 2022

FKB’S MIKE FURMAN AND CHRISTOPHER D. SKOCZEN OBTAIN PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE ACTION ARISING FROM INTERSTATE WILL PROCEEDING

FKB’S A. Michael Furman and Christopher D. Skoczen prevailed on a pre-answer motion to dismiss an action alleging professional negligence and breach of contract arising from Trusts and Estates services provided by FKB’s client, a prominent national law firm.  The plaintiff filed suit in Supreme Court, New York County and…

May 19th, 2022

FKB’S SHARI SCKOLNICK DISCUSSES THE SOPHISTICATED CLIENT DOCTRINE IN ARTICLE FOR USI AFFINITY

FKB’s Shari Sckolnick publishes an article in the Attorneys Preferred Insurance Program blog by USI Affinity entitled “Are Attorneys Liable for Strategic Decisions Made by Sophisticated Clients?” The article can be found here.

Apr 28th, 2022

FKB’S RACHEL AGHASSI AND SPENCER A. RICHARDS OBTAIN PRE-ANSWER DISMISSAL OF A PROFESSIONAL NEGLIGENCE LAWSUIT ARISING FROM AN UNDERLYING SURROGATE’S COURT MATTER.

FKB’s Rachel Aghassi and Spencer Richards obtain Pre-Answer dismissal of a Second Amended Complaint alleging negligence, fraud, bailment, and conversion filed in the Supreme Court, Nassau County against FKB’s client arising out of FKB’s client’s representation of the nominated executor in a related Surrogate’s Matter. In the Surrogate’s Matter, the…

Apr 27th, 2022

FKB’S ANDREW R. JONES, AARON M. BARHAM AND SAMANTHA PANNY OBTAIN SUMMARY JUDGMENT DISMISSAL OF A LEGAL MALPRACTICE ACTION ARISING FROM THE FAVORABLE SETTLEMENT OF AN UNDERLYING MEDICAL MALPRACTICE LITIGATION

FKB’s Andrew R. Jones, Aaron M. Barham and Samantha Panny obtained summary judgment on behalf of a prominent medical malpractice law firm.  The plaintiff asserted claims for legal malpractice arising from an underlying medical malpractice lawsuit that was diligently prosecuted and successfully resolved by FKB’s client for a favorable sum….

Apr 25th, 2022

FKB’S ANDREW JONES AND BENJAMIN OXENBURG OBTAIN PRE-ANSWER DISMISSAL OF MALPRACTICE SUIT ARISING FROM SOHO, VILLAGE REAL ESTATE DEVELOPMENTS   

FKB’s Andrew Jones and Benjamin Oxenburg obtained a pre-answer dismissal from New York County Supreme Court on behalf of its client, a boutique real estate and litigation law firm.  The plaintiff, a sophisticated and experienced real estate investor and developer, agreed to loan $5 Million to three co-investors in exchange for various…

Apr 13th, 2022

FKB’S BENJAMIN OXENBURG SECURES FIRST DEPARTMENT’S DISMISSAL OF SUIT ARISING FROM UNDERLYING MEDICAL MALPRACTICE ACTION   

FKB’s Benjamin Oxenburg obtained a unanimous decision from the First Department affirming the pre-answer dismissal of a legal malpractice action.  FKB’s client represented plaintiffs in an underlying medical malpractice action against a Staten Island radiology practice and its doctors for the failure to timely diagnose breast cancer.  After FKB’s client…

Apr 7th, 2022

FKB’S ANDREW TOBMAN OBTAINED A DISMISSAL FOR A MAJOR HOSPITAL

FKB’s Andrew Tobman obtained a dismissal for a major hospital, on motion claiming plaintiff’s action was time barred by the statute of limitations. The case involved a plaintiff who attempted suicide by throwing herself in front of a train, suffering traumatic amputations of a leg and arm; and also a…

Apr 5th, 2022

FKB’S ANDREW JONES, RACHEL AGHASSI AND SPENCER RICHARDS DELIVER LAWLINE CLE WEBCAST

FKB’s Andrew Jones, Rachel Aghassi, and Spencer Richards delivered a CLE webcast entitled “Understanding Your Ethical Obligations: Tips to Prevent Lawyers Professional Liability (LPL) And Cyber Liability Claims” through Lawline. The CLE provides participants with tips to preventing LPL claims including proper conflict checks and managing client’s expectations. Participants will…

Mar 24th, 2022

FKB WINS SUMMARY JUDGMENT MOTION FOR LABORATORY CLIENT

FKB’s Brian Dwyer won summary judgment recently in a case of alleged negligent HIV testing and reporting. New York allows a claim for emotional distress specifically in instances where a person believes they are HIV positive due to erroneous lab testing or an erroneous report from a doctor. Using an…

Mar 11th, 2022

FKB’S MIKE FURMAN AND DAVID P. FURMAN OBTAIN PRE-ANSWER DISMISSAL OF AN INSURANCE BROKER NEGLIGENCE CLAIM IN KINGS COUNTY, NEW YORK

FKB’s Mike Furman and David P. Furman obtained dismissal of an insurance broker negligence claim in Kings County Supreme Court before Hon. Debra Silber, J.S.C.  FKB’s client was the insurance broker who placed a condominium unit owner’s policy of insurance to Plaintiffs.  In 2019, there was a catastrophic fire in…

Mar 11th, 2022

FKB’S MIKE FURMAN IS APPOINTED TO COLUMBIA’S CANCER ADVISORY COUNCIL

FKB’s Mike Furman has been appointed to the Cancer Advisory Council of the Herbert Irving Comprehensive Cancer Center (HICCC) at Columbia University Irving Medical Center (CUIMC).  The Cancer Advisory Council is a diverse group of advisers who provide strategic counsel and generous support to the HICCC.  The members of the…

Jan 14th, 2022

FURMAN KORNFELD & BRENNAN LLP is pleased to announce that Aaron M. Barham and has been named Partner and Benjamin M. Oxenburg has been named Of Counsel of the Firm, effective January 1, 2022

Aaron M. Barham, based in the Firm’s New York City office, is a member of FKB’s legal malpractice and insurance broker liability practice.  Aaron has taken the lead role in many successful outcomes over the past several years, both at the trial and appellate level.  Aaron has also proven himself…

Jan 13th, 2022

FKB’s A. MICHAEL FURMAN AND SALVATORE LAPETINA OBTAIN SUMMARY JUDGMENT DISMISSING CONTRACTUAL INDEMNITY CLAIMS

FKB’s A. Michael Furman and Salvatore Lapetina successfully dismissed all claims against FKB’s client, a New York based medical staffing agency, by way of a summary judgment motion. Plaintiff, a traveling nurse employed by FKB’s client, claims to have tripped and fell in a hospital located in New York City, sustaining injuries. Plaintiff commenced…

Jan 12th, 2022

FKB’S SPENCER A. RICHARDS AND DAVID GORELICK OBTAIN A PRE-ANSWER DISMISSAL OF A LEGAL MALPRACTICE LAWSUIT ON BEHALF OF A WELL-RESPECTED CIVIL LITIGATOR

FKB’s Spencer A. Richards and David Gorelick have obtained a pre-answer dismissal of a legal malpractice lawsuit on behalf of a well-respected civil litigator. FKB’s client represented Plaintiff in an underlying partnership dispute. The court in the underlying action, sua sponte dismissed Plaintiff’s claims after finding that the Plaintiff manufactured…