Year: 2024

Oct 21st, 2024

FKB’s Aaron M. Barham and Asher Kest Obtain Pre-Answer Dismissal of Malpractice, Fraud and Judiciary Law 487 Claims On Behalf of Matrimonial Law Firm

FKB’s Aaron M. Barham and Asher Kest obtained a pre-answer dismissal of a malpractice, fraud and Judiciary Law 487 complaint on behalf of an NYC matrimonial law firm who represented the plaintiff’s ex-spouse in an ongoing underlying matrimonial litigation. In this case, the pro se plaintiff – himself a practicing litigation defense attorney–…

Oct 18th, 2024

Team FKB Raises Over $32K For Cancer Research Through Velocity – Columbia’s Ride To End Cancer

  On October 6, 2024, Furman Kornfeld & Brennan LLP participated 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. Team FKB participated by riding the 30 mile course through lower Westchester County….

Oct 17th, 2024

FKB’s Aaron M. Barham and Asher Kest Obtain Pre-Answer Dismissal On Behalf Of Estate Planning Law Firm

FKB’s Aaron M. Barham and Asher Kest obtained a pre-answer dismissal of a complaint against an NYC estate planning law firm in Queens County Supreme Court. In this case, the plaintiffs were Estate beneficiaries who sought an accounting from the co-defendant Estate Administrator to substantiate Plaintiffs’ belief that they were owed funds from…

Oct 15th, 2024

FKB’s Mike Furman and Christopher D. Skoczen Obtain Dismissal of Breach of Contract and Breach of Fiduciary Duty Claims Against Insurance Broker in High-Value Insurance Litigation

FKB’s Mike Furman and Christopher D. Skoczen obtained the dismissal of third-party claims against FKB’s client, an insurance broker, arising from a high-value property damage dispute.  The defendant property owner sought to hold the insurance broker liable for the property owner’s misrepresentations to its insurance carrier, where the insurance carrier…

Oct 15th, 2024

FKB’s Mike Furman and Christopher D. Skoczen Obtain Dismissal of Fraud and Breach of Fiduciary Duty Claims Against Accountant

FKB’s Mike Furman and Christopher D. Skoczen prevailed on a pre-answer motion to dismiss a complaint alleging fraud and breach of fiduciary duty against FKB’s client, a well-regarded accounting firm, arising from a commercial dispute.  The plaintiff alleged that the accountant made misrepresentations regarding the plaintiff’s obligations to a lender…

Oct 15th, 2024

FKB’s Mike Furman, Christopher D. Skoczen and Steven Kaufman Obtain Dismissal of Action for Defamation and Breach of Fiduciary Duty Against Attorneys in Contentious Corporate Malfeasance Action

FKB’s Mike Furman, Christopher D. Skoczen and Steven Kaufman prevailed on a pre-answer motion to dismiss a complaint against corporate counsel alleging defamation per se, breach of fiduciary duty and legal malpractice.  The plaintiffs were shareholders in the corporation represented by FKB’s client where a dispute arose between the shareholder…

Oct 4th, 2024

FKB’s Aaron M. Barham and Lisa Burns Secure Pre-Answer Dismissal On Behalf of Property Management Firm

FKB’s Aaron M. Barham and Lisa Burns obtained a pre-answer dismissal of a complaint on behalf of a real estate and property management firm dedicated to community development through affordable housing programs. In this case, the litigious plaintiff had previously brought substantially similar lawsuits alleging unfair treatment and discrimination by FKB’s client and seeking…

Oct 1st, 2024

FKB’s Spencer A. Richards Successfully Obtained a Decision from the United States Court of Appeals for the Second Circuit Affirming a Pre-Answer Dismissal of a Complaint

FKB’s Spencer A. Richards successfully obtained a decision from the United States Court of Appeals for the Second Circuit affirming a pre-answer dismissal of a Complaint alleging fraud on the court filed in the United States District Court for the Southern District of New York, against FKB’s client, a prominent…

Sep 18th, 2024

FKB’s Hillary C. Agins, Esq. and Brian Dwyer, Esq. Successfully Obtained Summary Judgment on Behalf of a NYC Hospital

Hillary C. Agins, Esq. and Brian Dwyer, Esq. successfully obtained summary judgment on behalf of a NYC Hospital in a case involving allegations that the defendant failed to properly treat a patient’s MRSA infection in his ankle, leading to an infection to his cervical spine, resulting in a prolonged admission…

Sep 6th, 2024

FKB’s Spencer A. Richards and Lisa Burns Obtain a Pre-Answer Dismissal of a Complaint Seeking a Legal Malpractice Claim

FKB’s Spencer A. Richards and Lisa Burns obtain a pre-answer dismissal of a complaint seeking a legal malpractice claim against an attorney where FKB’s client represented plaintiffs in the purchase of a business which was later discovered to have a lien on it. In a CPLR 3211(a)(1) and (7) motion to dismiss, FKB successfully…

Aug 26th, 2024

FKB’S Mike Furman and Christopher D. Skoczen Obtain Dismissal of Breach of Fiduciary Duty and Breach of Contract Claims Against Counsel for Board of Managers of Luxury Building

FKB’s Mike Furman and Christopher D. Skoczen prevailed on a motion to dismiss a high-value action against counsel for the Board of Managers of a luxury New York residential building alleging violation of the Condominium Act, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and breach of…

Aug 20th, 2024

FKB’s Tracy S. Katz Obtains Summary Judgment on Behalf of a NYC Hospital

Tracy S. Katz successfully obtained summary judgment on behalf of a NYC Hospital in a case involving allegations that the defendants failed to properly diagnose and treat a patient’s foot infection, leading to a below the knee amputation.  FKB argued that the hospital appropriately rendered care and treatment from an…

Aug 12th, 2024

Irina Zamyatin, Chris Fox and Patrick Brennan Presented a Seminar to a Client’s Anesthesia and Critical Care Department’s Grand Rounds on August 12, 2024

Irina Zamyatin, Chris Fox and Patrick Brennan presented a seminar to a client’s Anesthesia and Critical Care Department’s Grand Rounds on August 12, 2024. The seminar discussed trends and issues in Anesthesia related litigation including the litigation process, the law governing medical malpractice claims, discovery, depositions and risk management recommendations….

Aug 8th, 2024

FKB’s Tracy S. Katz Obtains Dismissal on Behalf of an Oncologist and Oncology Practice in an Alleged Medical Malpractice Case

FKB’s Tracy S. Katz obtained dismissal on behalf of an oncologist and oncology practice in an alleged medical malpractice case. In this medical malpractice case, plaintiff alleged that FKB’s clients, an oncologist and his oncological practice, negligently treated the patient with chemotherapy for breast cancer. Plaintiff alleged that FKB’s clients’…

Aug 2nd, 2024

FKB’s Tracy S. Katz Obtains Dismissal of a Medical Malpractice Case

The case involved allegations that FKB’s client, a podiatric surgeon, negligently performed surgery on the patient’s right foot, resulting in permanent nerve damage, chronic regional pain syndrome and reflex sympathetic dystrophy.  The patient passed away of unrelated reasons in November 2022.   Tracy S. Katz served a motion to dismiss, arguing…

Jul 25th, 2024

FKB’s John Gizunterman Successfully Obtained Summary Judgment in Kings County

FKB’s John Gizunterman successfully obtained summary judgment in Kings County medical/nursing malpractice action involving allegations of negligence with respect to pressure ulcers, infection, onset of gangrene, and wrongful death. In support of the motion, FKB was able to demonstrate that decedent’s injuries were attributable to a litany of co-morbidities, including…

Jun 26th, 2024

FKB’s Spencer A. Richards and Lisa Burns Obtain a Pre-Answer Dismissal of a Complaint Seeking Legal Malpractice and Fraud Claims

FKB’s Spencer A. Richards and Lisa Burns obtain a pre-answer dismissal of a complaint seeking legal malpractice and fraud claims against an attorney where FKB’s client prepared a deed altering the grantees of a property. In a CPLR 3211(a)(1) and (7) motion to dismiss, FKB successfully argued that the plaintiffs’ legal malpractice claim…

Jun 24th, 2024

FKB’s Neil Kornfeld was a Featured Speaker at The Western Foot and Ankle Conference

FKB’s Neil Kornfeld was a featured speaker at The Western Foot and Ankle Conference and participated in a panel discussion on improving patient outcomes in high-risk patients. The panel discussion analyzed both the medical and legal implications related to below-the-knee amputations using real-life cases. The Western is an annual conference…

Jun 21st, 2024

FKB’s Aaron M. Barham and Victoria A. Yachkouri Obtain First Department Decision Upholding Dismissal of a Legal Malpractice Action Arising from the Favorable Settlement of an Underlying Medical Malpractice Litigation

FKB’s Aaron M. Barham and Victoria A. Yachkouri obtained a First Department decision upholding summary judgment on behalf of a prominent medical malpractice law firm. The plaintiff asserted legal malpractice claims arising from an underlying medical malpractice lawsuit that was diligently prosecuted and successfully resolved by FKB’s client for a…

Jun 18th, 2024

FKB’s Aaron M. Barham, Sara Choe and Alec Neimand Secure Pre-Answer Dismissal On Behalf of a Public Interest Legal Services Organization

FKB’s client is an independent organization which has provided civil legal services to low-income New Yorkers for several decades.  In an underlying eviction proceeding, FKB’s client vacated a default judgment against the plaintiff before withdrawing as counsel due to fundamental differences in the representation.  When Plaintiff brought this action in…

Jun 14th, 2024

FKB’s Rachel Aghassi and Salvatore Lapetina Obtain Pre-Answer Dismissal of Cyber-Security and Legal Malpractice Claim on Behalf of Attorney

FKB’s Rachel Aghassi and Salvatore Lapetina obtain a pre-answer dismissal of a cyber-security breach complaint seeking legal malpractice against an attorney where funds were wired to an incorrect bank account as the result of a cyber-scam. During a real estate transaction where FKB’s client represented the seller, a cyber-criminal infiltrated…

Jun 12th, 2024

FKB Partners Patrick Brennan and Ita Parnass Secured a Unanimous Defense Verdict Following a 4-week Trial in the Southern District of New York

FKB partners Patrick Brennan and Ita Parnass secured a unanimous defense verdict following a 4-week trial in the Southern District of New York . Our client was  a  local hospital accused of medical malpractice leading to the death of a 29 year old patient. The trial also included allegations of…

Jun 12th, 2024

FKB Participates in the 2024 American Heart Association Wall Street 5K Run/Walk

On May 16, 2024, Furman Kornfeld & Brennan LLP participated in the American Heart Association’s 2024 Wall Street 5K Run/Walk.  Team FKB helped raise money and awareness for this worthy cause, followed by a well-deserved cocktail party afterwards!  

May 22nd, 2024

FKB’s Neil Kornfeld was a Speaker at the 26th Annual Georgia Foot & Ankle Summit Sponsored by the Georgia Podiatric Medical Association Conference

FKB’s Neil Kornfeld was a speaker at the 26th Annual Georgia Foot & Ankle Summit sponsored by the Georgia Podiatric Medical Association Conference. The Summit included workshops and panel discussions relaying the latest advances in the practice of podiatric medicine. Neil was part of a panel presentation which focused on…

May 17th, 2024

FKB’s David Furman Successfully Argues Appeal Affirming Dismissal of a Legal Malpractice and Judiciary Law §487 Action Against a Veteran Trial Lawyer Arising Out of a Disputed Settlement

FKB’s David Furman defended an appeal before the Appellate Division, First Department, which affirmed, with costs, the dismissal of a legal malpractice and Judiciary Law §487 action against FKB’s client, a well-known veteran trial lawyer. In this professional liability lawsuit, the plaintiff, himself a very experienced lawyer, hired FKB’s client…

May 13th, 2024

FKB’s Aaron M. Barham and Steven Kaufman Secure Pre-Answer Dismissal Of a Legal Malpractice Claim Arising From an Alleged Concurrent Representation Conflict

FKB’s Aaron M. Barham and Steven Kaufman secured a CPLR 3211 dismissal of a legal malpractice complaint, in New York County Supreme Court, arising from an alleged concurrent representation conflict of interest. FKB’s client represented the Plaintiff and a non-party property developer in preparing a settlement agreement regarding a construction…

May 9th, 2024

FKB’s Andrew R. Jones and Alec Neimand Obtain Pre-Answer Dismissal for Real Estate Attorney

FKB’s Andrew R. Jones and Alec Neimand secured pre-answer dismissal of a legal malpractice complaint on behalf of a real estate attorney in Nassau County Supreme Court. Plaintiff alleged FKB’s client committed malpractice by allegedly not advising Plaintiff that the name of a third-party contributing to Plaintiff’s purchase of home…

May 9th, 2024

FKB’s Neil Kornfeld Obtains a Defense Verdict on Behalf of a Hospital in Supreme Court, Dutchess County

FKB’s Neil Kornfeld obtains a defense verdict on behalf of a hospital in Supreme Court, Dutchess County. Plaintiff claimed that the defendant Hospital and ER staff failed to timely diagnose a bowel perforation resulting in sepsis and multiple surgeries. Plaintiff alleged that she presented to the hospital with an acute…

Apr 30th, 2024

FKB’s Aaron M. Barham And Alec Neimand Obtain Pre-Answer Dismissal For a Criminal Defense Attorney

FKB’s Aaron M. Barham and Alec Neimand secured pre-answer dismissal of a legal malpractice complaint on behalf of a criminal defense attorney in New York County Supreme Court. Plaintiff alleged that FKB’s client committed malpractice by attempting to negotiate a resolution with the ADA instead of moving to dismiss for “malicious prosecution.”  In securing…

Apr 30th, 2024

FKB’s Aaron M. Barham And Alec Neimand Secure CPLR 3211 Dismissal Of A Legal Malpractice Claim On Behalf of a Real Estate Attorney

FKB’s Aaron M. Barham and Alec Neimand secured a CPLR 3211 dismissal of a legal malpractice complaint on behalf of a real estate attorney Westchester County Supreme Court. FKB’s client represented the Plaintiff in the purchase of a Manhattan luxury co-op apartment. After the Plaintiff purchaser withdrew the application facing possible rejection by the…

Apr 25th, 2024

FKB’s John Gizunterman and Kevin Grande Successfully Obtained Summary Judgment in a Medical Malpractice Claim Against a Major Metropolitan Hospital

FKB’s John Gizunterman and Kevin Grande successfully obtained summary judgment in a medical malpractice claim against a major metropolitan hospital. In this action plaintiff alleged multiple deviations from the standard of care resulting in development of a sacral ulcer. In the hospital’s defense, FKB successfully argued that the sacral ulcer…

Apr 16th, 2024

FKB’s Hillary Agins and Brian Dwyer Successfully Obtain Summary Judgment on a Multifaceted Medical Malpractice Claim Against FKB’s Clients

FKB’s Hillary Agins and Brian Dwyer Successfully Obtain Summary Judgment on a multifaceted medical malpractice claim against FKB’s clients. This action involved allegations that defendants were negligent in first, prescribing the medication amantadine to the plaintiff, and then, discontinuing the medication. She alleged that the care rendered by the defendants…

Mar 11th, 2024

FKB’s John Gizunterman and Christopher Fox Obtain Dismissal of a Kings County Action Alleging Medical Malpractice

FKB’s John Gizunterman and Christopher Fox obtain dismissal of a Kings County action alleging medical malpractice. In this action FKB represented a prominent New York pulmonologist against allegations of failure to diagnose pneumonia. In reaching its decision the Court accepted FKB’s argument that plaintiff’s presentation was consistent with her chronic conditions…

Mar 8th, 2024

FKB’s Aaron M. Barham and Alec Neimand Secured a CPLR 3211 Dismissal of a Third-Party Contribution Claim in Westchester County Supreme Court.

FKB’s Aaron M. Barham and Alec Neimand secured a CPLR 3211 dismissal of a third-party contribution claim in Westchester County Supreme Court. FKB’s client represents the first-party plaintiff in a legal malpractice action involving an alleged failure to commence a personal injury action against a municipality within the applicable statute of limitations. The…

Feb 27th, 2024

FKB’s Rachel Aghassi And Lisa Burns 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

FKB’s Rachel Aghassi and Lisa Burns 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…

Feb 26th, 2024

Tracy S. Katz Obtains Summary Judgment And Dismissal Of Plaintiff’s Medical Malpractice Action

Tracy S. Katz obtains summary judgment and dismissal of plaintiff’s medical malpractice action against FKB’s client, a cardiologist, in a case alleging the cardiologist failed to prevent decedent’s heart attack and wrongful death. This action involved allegations that defendants were negligent in failing to diagnose and treat decedent’s cardiac and/or…

Feb 15th, 2024

FKB’s Andrew Kowlowitz And Asher Kest Sucessfully Obtain Summary Judgment On Rare Dismissal Of A Lawsuit Against An Attorney Pursuant To CPLR § 3126

FKB’s Andrew Kowlowitz and Asher Kest successfully moved for summary judgment on an investment fraud case which began in 2018. Plaintiff alleged a complex multi-party conspiracy to defraud large scale investors in a plan to program to support developing nations (both in “gold bars and/or diamonds” mined locally, and humanitarian…

Jan 30th, 2024

FKB’s Neil Kornfeld Was A Faculty Member And Speaker At The Science & Management Symposium Organized By The Florida Podiatric Medical Association.

FKB’s Neil Kornfeld was a faculty member and speaker at the Science & Management Symposium organized by the Florida Podiatric Medical Association. Neil presented catastrophic injury cases with an infectious disease specialist.  The Science & Management Symposium is comprised of workshops and seminars designed to educate professionals on scientific advancements…

Jan 30th, 2024

FKB’s Rachel Aghassi And Christopher D. Skoczen Prevail Against Plaintiff’s Appeal Of Dismissal Of Accounting Malpractice Claim And Clarify Law Regarding Accountants’ Scope Of Duty In Review Engagements

FKB’s Rachel Aghassi and Christopher D. Skoczen successfully opposed the appeal of the appellant, a textile company, seeking to overturn the Supreme Court’s order and reinstate accounting malpractice and breach of contract claims against FKB’s client.  The Appellate Division, First Department denied the appeal and affirmed the order of dismissal. …

Jan 30th, 2024

FKB’s Rachel Aghassi And Asher Kest Successfully Obtain Two Pre-answer Dismissals Of Complaint And Amended Complaint For Tortious Interference With Contract And Fraud Claims Against National Law Firm Defendant In The Commercial Division Of The Supreme Court, New York County

FKB’s Rachel Aghassi and Asher Kest successfully obtain two pre-answer dismissals of complaint and amended complaint for tortious interference with contract and fraud claims against national law firm defendant in the commercial division of the Supreme Court, New York County. Plaintiffs financed a corporate asset litigation with a $1,000,000 note…

Jan 30th, 2024

FKB’s Tracy S. Katz, Susan M. Thomas And Daniel Mancini Obtain Dismissal Of A Federal Court Action Alleging Medical Malpractice And Violation Of Constitutional Rights

FKB’s Tracy S. Katz, Susan M. Thomas and Daniel Mancini obtain dismissal of a federal court action alleging medical malpractice and violation of constitutional rights asserted against FKB’s client, a radiology technician.  FKB represented a radiology technician who was working at the Manhattan Correctional Center.   Plaintiff argued that our insured…

Jan 26th, 2024

FKB’s Neil Kornfeld Was A Featured Speaker At The New York Podiatric Clinical Conference On January 18, 2024

FKB’s Neil Kornfeld was a featured speaker at the New York Podiatric Clinical Conference on January 18, 2024.  The New York Clinical Conference is an annual meeting for podiatrists throughout New York State highlighting scientific and practice developments.  Neil presented cases and discussed theories of liability, risk management, and defense…

Jan 5th, 2024

Furman Kornfeld & Brennan Llp Is Pleased To Announce That Hillary C. Agins And David B. Steinbruck Have Been Named Partner, Effective January 1, 2024

We are pleased to announce that Hillary C. Agins and David B. Steinbruck have been elevated to Partner effective January 1, 2024. Hillary has been a key member of the Med Mal team since she joined FKB as Of Counsel in 2021. Hillary’s experience and dedication to FKB’s healthcare clients…

Jan 3rd, 2024

FKB’s Aaron M. Barham And Christopher D. Skoczen Obtain Complete Dismissal Of Fair Debt Collection Practices Act And Disenfranchisement Claims On Behalf Of Condominium Counsel

FKB’s Aaron M. Barham and Christopher D. Skoczen delivered a win for their clients, counsel for the board of managers of a condominium, in prevailing on a motion to dismiss in Westchester County Supreme Court.  Plaintiffs were condominium unit owners who refused to pay their common charges pending repairs to…