Author: Emily Miller

FKB’S TRACY S. KATZ OBTAINS A DISCONTINUANCE OF A MEDICAL MALPRACTICE ACTION

FKB’s Tracy S. Katz obtains a discontinuance of a medical malpractice action upon service of a motion for summary judgment. The case involved claims that defendants failed to prevent, diagnose and treat the patient’s ankle ulcers leading to infection, sepsis, the need for an above the knee amputation, multiorgan failure…

FURMAN KORNFELD & BRENNAN LLP IS PLEASED TO ANNOUNCE THAT SPENCER A. RICHARDS HAS BEEN NAMED PARTNER, EFFECTIVE JANUARY 1, 2023

Spencer A. Richards, based in the Firm’s New York City office, is a member of FKB’s legal malpractice and insurance broker liability practice. Spencer has taken the lead role in many successful outcomes over the past several years, both at the trial and appellate level on complex matters, including cyber…

FURMAN KORNFELD & BRENNAN LLP ANNOUNCES THAT TWELVE FKB ATTORNEYS WERE SELECTED IN THE 2022 NEW YORK SUPER LAWYERS MAGAZINE

We are proud to announce that twelve FKB attorneys were selected as super lawyers in the 2022 New York Super Lawyers Magazine. A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew R. Jones,  Andrew S. Kowlowitz, Rachel Aghassi,  Benjamin Oxenberg, and Shari Sckolnick have been named 2022 New York Metro Super Lawyers.  Aaron M. Barham, Spencer A….

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

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…

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…

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.

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…

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….

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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.

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…

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…

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…

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.

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…

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…

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…

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…

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…

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)…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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…

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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. …

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,…

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…

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…

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…

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…

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…

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…

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…

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…