Author: Emily Miller

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FKB’S RACHEL AGHASSI AND JASON H. SEILER SUCCESSFULLY OBTAIN DISMISSAL OF TWO ACTIONS ASSERTED AGAINST LAWYER

FKB’s Rachel Aghassi and Jason H. Seiler successfully obtained dismissal of two separate actions, one in the New York Supreme Court, Essex County and the other in Supreme Court, Saratoga County, stemming from the same set of facts as against the same defendant-attorney, pursuant to CPLR §§ 3211, 3215(c), and 3216.  In what many…

FKB’S ANDREW R. JONES AND AARON M. BARHAM OBTAIN A PRE-ANSWER DISMISSAL OF JUDICIARY LAW 487 CLAIMS AND A SANCTIONS AWARD

FKB’s Andrew R. Jones and Aaron M. Barham obtained a pre-answer dismissal of a Judiciary Law 487 claim brought against a professional liability defense firm which had successfully represented an estate attorney in an underlying legal malpractice action.  In its pre-answer motion to dismiss, FKB established entitlement to judgment as a matter of law…

FKB’S RACHEL AGHASSI AND ASHER KEST PUBLISH AN ARTICLE ON NEW YORK’S SHIELD ACT

FKB’s Rachel Aghassi and Asher Kest publish an article on the New York State Bar Association Insurance Focus blog by USI Infinity entitled “Data Breach Notification Requirements on the State Level Continue to Expand: New York’s SHIELD Act” The article can be found here.

FKB’S JOHN GIZUNTERMAN OBTAINED A DEFENSE VERDICT OF A MEDICAL MALPRACTICE ACTION ARISING OUT OF THE DEVELOPMENT OF PRESSURE ULCERS IN KINGS COUNTY SUPREME COURT

The plaintiff alleged that FKB’s client, a local hospital, deviated from the standard of care by failing to implement appropriate protective measures to prevent the development of pressure ulcers. Specifically, plaintiff claimed that a turn a position schedule was not implemented, heels were not offloaded, and records were not kept…

FKB IS PROUD TO ANNOUNCE THAT NINE FKB ATTORNEYS WERE LISTED IN THE 2019 NEW YORK SUPER LAWYERS MAGAZINE

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 2019 New York Super Lawyers Magazine distributed in October 2019 and Rachel Aghassi, Benjamin Oxenberg and Aaron M. Barham were listed as New York Metro Rising Stars. Super Lawyers is a rating service of outstanding…

FKB’S MICHAEL FURMAN AND SHARI SCKOLNICK OBTAIN DISMISSAL OF A LEGAL MALPRACTICE CLAIM IN SUPREME COURT, RENSSELAER COUNTY, STEMMING FROM AN ACTION FOR AN ENCROACHMENT.

FKB’ s  Michael Furman and Shari Sckolnick successfully obtained a judgment dismissing a legal malpractice complaint from Judge McGrath in Supreme Court, Rensselaer County. This legal malpractice action stemmed from a law firm’s defense and representation of plaintiffs in an action where plaintiffs’ neighbor sued plaintiffs because their building and…

FKB’S A. MICHAEL FURMAN AND SPENCER A. RICHARDS SUCCESSFULLY OBTAIN DISMISSAL OF A RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS ACT (“RICO”) ACTION ARISING OUT OF A CONTENTIOUS DIVORCE PROCEEDING IN NEW YORK COUNTY SUPREME COURT

The plaintiff alleged that FKB’s client, who provides complex tax and estate advice to high-net-worth individuals, violated the Federal RICO Act by assisting the plaintiff’s wife to strategically cut the plaintiff out of any share of the wife’s family business or proceeds arising from the sale of the wife’s family…

FKB’s Mike Furman and Andrew Kowlowitz are featured speakers at the New York State Bar Association’s Risk Management 2019: Protecting Your Law Practice Program

FKB’s A. Michael Furman and Andrew Kowlowitz are featured speakers at the New York State Bar Association’s Risk Management 2019: Protecting Your Law Practice Program. Mike Furman spoke on the topic “Third-Party Liability: Interactions with others.” Andrew Kowlowitz spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes. ” The seminars took place…

FKB’S TRACY S. KATZ SUCCESSFULLY OBTAINS A UNANIMOUS DECISION FROM THE NEW YORK APPELLATE DIVISION, FIRST JUDICIAL DEPARTMENT AFFIRMING A FAVORABLE MOTION TO CHANGE VENUE OF A MEDICAL MALPRACTICE CASE FROM BRONX COUNTY TO ROCKLAND COUNTY

FKB’s Tracy S. Katz successfully obtains a unanimous decision from the New York Appellate Division, First Judicial Department affirming a favorable motion to change venue of a medical malpractice case from Bronx County to Rockland County. The action involves allegations of medical malpractice leading to alleged blindness of one eye…

FKB’S A. MICHAEL FURMAN AND JASON A. KAYNE SUCCESSFULLY OBTAIN DISMISSAL OF LEGAL MALPRACTICE ACTION INVOLVING UNDERLYING CONSTRUCTION LITIGATION

FKB’s A. Michael Furman and Jason A. Kayne obtained a pre-answer dismissal of a legal malpractice action against a well-known defense firm arising from representation of a construction contractor in underlying property damage litigation The plaintiff alleged that FKB’s client negligently entered into a stipulation on the plaintiff’s behalf to…

FKB’S RACHEL AGHASSI AND COREY M. COHEN SUCCESSFULLY OBTAIN A VOLUNTARY DISMISSAL IN LIEU OF FILING A ROBUST MOTION FOR SUMMARY JUDGMENT AT THE CLOSE OF DISCOVERY IN AN ADVERSARY PROCEEDING ASSERTED AGAINST A LAW FIRM

FKB’s Rachel Aghassi and Corey M. Cohen successfully obtained a voluntary dismissal from the bankruptcy trustee in an adversary proceeding to a Chapter 7 bankruptcy petition at the close of discovery and after seeking leave to move for summary judgment pursuant to Fed. R. Bankr. R. § 7056 in the…

FKB’S RACHEL AGHASSI AND ANDREW R. JONES SUCCESSFULLY OBTAIN PRE-NOTE OF ISSUE SUMMARY DISMISSAL OF NEGLIGENCE AND BREACH OF CONTRACT COUNTERCLAIMS ASSERTED AGAINST LAW FIRM

FKB’s Rachel Aghassi and Andrew R. Jones successfully obtained a pre-note of issue CPLR § 3212 summary judgment dismissal in the Supreme Court, New York County of negligence and breach of contract counterclaims asserted against FKB’s law firm client. This matter stems from FKB’s client’s representation of the executors of an…

FKB’S ANDREW JONES AND DANIEL BUTLER OBTAIN DISMISSAL OF ALL CLAIMS AGAINST TITLE AGENCY ON SUMMARY JUDGMENT

Andrew R. Jones and Daniel H. Butler recently obtained dismissal of all claims, including Plaintiff’s claims of negligence and fraud, and all cross-claims asserted by co-defendants, in connection to a lawsuit advanced against a title agency.  The title agency was accused of willfully delaying the recording of certain real estate…

FKB’S ANDREW S. KOWLOWITZ AND AARON M. BARHAM SUCCESSFULLY OBTAIN A UNANIMOUS AFFIRMATION OF A PRE-ANSWER DISMISSAL OF LEGAL MALPRACTICE CLAIMS RELATED TO WRONGFUL TERMINATION LITIGATION

FKB’s Andrew S. Kowlowitz and Aaron M. Barham successfully obtained a decision from the New York Supreme Court Appellate Division, First Judicial Department affirming a favorable pre-answer dismissal of a legal malpractice case. In the underlying EPLI action, plaintiff alleged that he was wrongfully terminated due to his national origin…

FKB’S NEIL KORNFELD OBTAINS A DEFENSE VERDICT IN A PODIATRIC MALPRACTICE CASE IN SCHENECTADY COUNTY

FKB’s Neil Kornfeld obtains a defense verdict in a podiatric malpractice case in Schenectady County.  The plaintiff claimed the defendant negligently performed the incorrect surgery to address the plaintiff’s arthritic hallux causing permanent deformity and need for fusion surgery. If you have any questions, please contact  Neil Kornfeld.

FKB’S ANDREW KOWLOWITZ AND DANIEL BUTLER OBTAIN DISMISSAL OF ALL CLAIMS AGAINST REAL ESTATE ATTORNEY

Andrew S. Kowlowitz and Daniel H. Butler recently obtained complete dismissal of Plaintiff’s claims and all cross-claims against their client, a real estate attorney, pursuant to a CPLR 3211(a)(7) pre-answer motion to dismiss.  The real estate attorney represented a buyer/lender in connection to a short sale of the plaintiff’s home. …

FKB’s A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones, Rachel Aghassi, Shari Sckolnick, Aaron M. Barham have been selected to the 2019 New York Super Lawyers list

A. Michael Furman, Neil S. Kornfeld, Patrick J. Brennan, Andrew S. Kowlowitz, Andrew R. Jones and Shari Sckolnick have been selected to the 2019 New York Super Lawyers list and Rachel Aghassi, Benjamin Oxenberg and Aaron M. Barham have been selected as New York Metro Rising Stars. No more than…

FKB’S ANDREW R. JONES AND RACHEL AGHASSI WILL BE SPEAKING AT LAWLINE CLE “ETHICS FOR INSURANCE LAWYERS” ON MONDAY MAY 20, 2019

FKB’s Andrew R. Jones And Rachel Aghassi Will Be Speaking At Lawline Cle “Ethics For Insurance Lawyers” On Monday May 20, 2019. This seminar focuses on common problems faced by insurance lawyers, including consideration of the “tri-partite relationship”, and gives practical examples of how to deal with potential conflicts of interest…

FKB’S NEIL S. KORNFELD AND TRAVIS J. LONG OBTAIN FAVORABLE JURY VERDICT IN A “DAMAGES ONLY” TRIAL IN BRONX COUNTY, SUPREME COURT

Neil S. Kornfeld & Travis J. Long recently obtained a highly favorable jury verdict in Bronx County Supreme Court, in a damages only trial before Justice Ruben Franco.  The case involved an elderly but very active plaintiff who was volunteering at a hospital 3 days per week .  Plaintiff suffered…

FKB’S ANDREW S. KOWLOWITZ AND JASON A. KAYNE SUCCESSFULLY OBTAIN FEDERAL COURT DISMISSAL OF CLAIMS SOUNDING IN CIVIL RIGHTS VIOLATIONS ALLEGED AGAINST CRIMINAL DEFENSE ATTORNEY

FKB’s Andrew S. Kowlowitz and Jason A. Kayne obtained a pre-answer dismissal from the United States District Court for the Southern District of New York, pursuant to Fed Rule 12-b (6), of claims alleging legal malpractice and constitutional violations in connection with a lawyer/defendant’s representation in an underlying New York…

FKB’S A. MICHAEL FURMAN AND SPENCER A. RICHARDS SUCCESSFULLY OBTAIN SUMMARY JUDGMENT IN SUFFOLK COUNTY SUPREME COURT DISMISSING A LEGAL MALPRACTICE CLAIM

On March 20, 2019, FKB obtained a CPLR § 3212 summary judgment dismissal in the Supreme Court, Suffolk County of a legal malpractice claim for successfully arguing that the plaintiffs failed to prove the existence of an attorney-client relationship. During the underlying mortgage transaction, FKB’s client provided a standard form…

FKB’S ANDREW S. KOWLOWITZ OBTAINS SUMMARY JUDGMENT IN HIGH EXPOSURE LEGAL MALPRACTICE CLAIM

On April 17, 2019, FKB successfully obtained summary judgment of a high exposure legal malpractice claim in New York County Supreme Court. In the underlying case, a wealthy landlord/developer in Manhattan retained FKB’s client to help him stave off a foreclosure action in connection with a commercial mortgage loan he…

FKB’S TRACY S. KATZ OBTAINS DISMISSAL OF CLAIM AGAINST A SECURITY GUARD COMPANY FOR ALLEGED INJURIES SUSTAINED BY A PLAINTIFF IN A FIGHT WITH A SECURITY GUARD

FKB’s Tracy S. Katz obtains dismissal of claim against a security guard company for alleged injuries sustained by a plaintiff in a fight with a security guard. The case concerned allegations that the plaintiffs, a brother and sister, were involved in an altercation with a security guard employed by FKB’s…

FKB’S ANDREW S. KOWLOWITZ LECTURED AT THE NEW YORK STATE BAR ASSOCIATION’S STATEWIDE LEGAL MALPRACTICE 2019 CLE IN WESTCHESTER, NY

Andrew S. Kowlowitz spoke at the New York State Bar Association’s Legal Malpractice 2019 CLE Live Program series on Tuesday, April 16, 2019 in Westchester, NY.  Andrew lectured on the topic of “Identifying and Responding to Professional Liability Claims.”  This program is designed to educate attorneys on how to defend…

FKB’S NEIL S. KORNFELD AND TRACY S. KATZ OBTAIN DISMISSAL OF A PODIATRIC MALPRACTICE CASE AFTER AGGRESSIVE CROSS-EXAMINATION OF THE PLAINTIFF AT TRIAL

After 6 days of trial in Supreme Court, Bronx County, FKB’s Neil S. Kornfeld and Tracy S. Katz obtained dismissal of a podiatric malpractice case.  The case involved allegations that a podiatric surgeon performed an overly aggressive bunionectomy surgery, i.e. a Keller procedure, instead of performing a less risky and…

FKB LLP IS PROUD TO ANNOUNCE THAT ANDREW S. KOWLOWITZ AND ANDREW R. JONES HAVE BEEN MADE EQUITY PARTNERS AT THE FIRM

FKB LLP is proud to announce that Andrew S. Kowlowitz and Andrew R. Jones have been made equity partners at the Firm, effective September 2018.  “Andrew K.” and “Andrew J.” have been with FKB from inception (June 8, 2008), and it is hard to imagine how the Firm could have…

FKB’S ANDREW TOBMAN GRANTED SUMMARY JUDGMENT IN A CASE ALLEGING FAILURE TO DIAGNOSE SPINAL OSTEOMYELITIS

FKB’s Andrew Tobman granted summary judgment in a case alleging failure to diagnose spinal osteomyelitis.  Andrew successfully represented an internist and his professional group at oral arguments, seeking summary judgment.  Judge Judith McMahon ruled in favor of the defendant and his primary care practice finding that the doctor was justified…

FKB’S ANDREW R. JONES WILL BE SPEAKING AT THE PROFESSIONAL FIDUCIARY ASSOCIATION OF CALIFORNIA ON APRIL 2, 2019

Andrew R. Jones is speaking at the upcoming Professional Fiduciary Association of California’s Mini Ed Day on the topic Practice Risk Management: Duties, Liabilities, Litigation and Protection. The program will address risk management considerations specific to professional fiduciary practices. The program will also hold a panel discussion and Q &…

FKB’S RACHEL AGHASSI AND SHARI SCKOLNICK LISTED AS NEW YORK METRO TOP WOMEN SUPER LAWYERS 2019 SUPPLEMENT IN THE NEW YORK TIMES NEWSPAPER

FKB is pleased to announce that Rachel Aghassi and Shari Sckolnick were listed in the New York Metro Top Women Super Lawyers 2019 supplement in The New York Times newspaper which was published on Sunday, March 24, 2019. The Super Lawyers selection methodology comprises a statewide nomination process, independent research, and peer review by…

FKB’s Andrew R. Jones and Rachel Aghassi lectured at the New York State Bar Association’s Statewide Legal Malpractice 2019 CLE in Albany, NY

Andrew R. Jones and Rachel Aghassi were speakers at the New York State Bar Association’s Legal Malpractice 2019 CLE Live Program series on Tuesday, March 19, 2019 in Albany, NY which was also streamed on a live webcast.  FKB’s A. Michael Furman is the Overall Planning Chair for this program…

FKB’S TRACY S. KATZ OBTAINS SUMMARY JUDGMENT IN A CASE ALLEGING MISDIAGNOSIS OF A SHOULDER CONDITION AS A SPINAL CONDITION, LEADING TO THE PERFORMANCE OF AN UNNECESSARY SPINAL SURGERY

Tracy Katz obtained summary judgment on behalf of an endocrinologist, radiologist and radiology facility in a case alleging misdiagnosis of a shoulder condition as a spinal condition, leading to the performance of an unnecessary spinal surgery. In this case, FKB aggressively moved for summary judgment prior to any depositions being…

FURMAN KORNFELD & BRENNAN LLP is pleased to announce that Rachel Aghassi and Peter Lucas will become partners and John Gizunterman has been named Of Counsel of the Firm, effective January 1, 2019

RACHEL AGHASSI, based in the Firm’s New York office, is a member of FKB’s legal malpractice and professional liability groups and has spear-headed FKB’s growing cyber-liability practice.  For almost five years, Ms. Aghassi has worked tirelessly on behalf of FKB clients and has produced numerous victories and achievements, both at…

FKB’s A. Michael Furman and Spencer A. Richards successfully obtain a CPLR §3211 pre-answer dismissal of a legal malpractice claim commenced in New York Supreme Court, New York County, arising from a private equity fund manager’s guilty plea to grand larceny of $9.3 million dollars in investor funds

In this matter, FKB’s client was retained by the plaintiff to represent him in a criminal proceeding arising from the plaintiff’s money laundering scheme used to misappropriate  $9.3 million dollars through a network of shell companies, entities, and accounts that were under the plaintiff’s control.  Against all odds, FKB’s client…

FKB’S ANDREW TOBMAN OBTAINS VOLUNTARY DISMISSAL WITH PREJUDICE

FKB’s Andrew Tobman obtains a voluntary dismissal with prejudice in a case alleging a failure to diagnose a distal radius fracture.  The dismissal was achieved prior to producing the defendant (a spine surgeon) for a deposition.  Andrew’s strategy was to file for summary judgment and include inconsistent testimony obtained while…

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer A. Richards successfully obtain a unanimous affirmation of a CPLR §3211 pre-answer dismissal in New York’s Appellate Division First Department on January 3, 2019

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer A. Richards successfully obtain a decision from the New York Supreme Court Appellate Division, First Judicial Department affirming a CPLR §3211 pre-answer dismissal in an action asserting legal malpractice related to a $1.5 million dollar real estate transaction for the purchase of…

FKB’s Andrew S. Kowlowitz and Spencer A. Richards successfully obtain affirmation of a CPLR §3212 summary judgment dismissal in the New York Appellate Division First Department on December 6, 2018

FKB’s Andrew S. Kowlowitz and Spencer A. Richards successfully obtain a decision from the New York Appellate Division First Department affirming a CPLR §3212 summary judgment dismissal in an action asserting  legal malpractice, breach of contract, and  breach of fiduciary duty claims related to a $1.75 million dollar rent-stabilized condominium…

FKB’s Andrew Jones was a featured speaker at the Massachusetts Guardianship Policy Institute’s Conference on “Decision Making: Balancing Autonomy & Risk”

FKB’s Andrew Jones was a featured speaker at the Massachusetts Guardianship Policy Institute’s Conference on “Decision Making: Balancing Autonomy & Risk”. Andrew spoke on the topic “Risky Decisions and Liability for Guardians.” The seminar took place November 27, 2018, in Boston, MA. https://guardianship.institute/event/decision-making-balancing-autonomy-risk/ https://twitter.com/guard_institute

FKB’s Rachel Aghassi Publishes an Article on ABA Formal Opinion 483

FKB’s Rachel Aghassi publishes an article entitled “ABA Formal Opinion 483 Suggests that Attorneys Have Certain Obligations to Clients After a Data Breach, But Declines to Propose Detailed Requirements.” The article can be found here.

FKB’s A. Michael Furman, Neil Kornfeld, and Andrew R. Jones named on the 2018 New York Metro Area Super Lawyers list and Rachel Aghassi and Shari Sckolnick recognized Rising Stars

Furman Kornfeld & Brennan LLP is proud to announce that partners A. Michael Furman, Neil Kornfeld, and Andrew R. Jones  have been selected to the 2018 New York Metro Area Super Lawyers list and FKB associates Rachel Aghassi and Shari Sckolnick have been named on the 2018 Super Lawyers Rising Star list…

FKB had a frightfully good time celebrating Halloween with treats and pets on Take Your Children to Work Day!

FKB’s Andrew Jones and Ashley Glazewski successfully obtain dismissal of a legal malpractice claim as barred by documentary evidence.

FKB successfully obtained a CPLR § 3211 pre-answer dismissal in the Supreme Court, Queens County of a legal malpractice claim as barred by documentary evidence. In the underlying facts of this case, FKB’s attorney-client represented the owner of a corporation who sold shares of stock to the Plaintiff.  Prior to…

FKB’s Andrew Jones and Ashley Glazewski present at the National Guardianship Association

FKB’s Andrew Jones and Ashley Glazewski will be presenters at the National Guardianship Association (NGA) conference on October 21, 2018 in Palm Springs, CA.  Andrew and Ashley will speak about risk management and insurance coverage for Professional Fiduciaries.  The upcoming session entitled “Are you Covered? Risk Management and Insurance for Professional Fiduciaries” is designed…

FKB’s A. Michael Furman and Andrew Kowlowitz were featured speakers at the New York State Bar Association’s Risk Management 2018: Protecting Your Practice Program

FKB’s A. Michael Furman and Andrew Kowlowitz were featured speakers at the New York State Bar Association’s Risk Management 2018: Protecting Your Practice Program. A. Michael Furman spoke on the topic “Interactions with others.” Andrew Kowlowitz spoke on the topic “Effective Client Relations and Resolving Attorney-Client Disputes. ” The seminar…

FKB’s A. Michael Furman, Rachel Aghassi, and Spencer Richards secured a pre-answer motion to dismiss in the United States District Court for the Southern District of New York on August 21, 2018

FKB successfully obtained a pre-answer dismissal on a Fed. R. Civ. P. 12(b)(6) motion to dismiss from United States District Judge Paul A. Engelmayer in the United States District Court of the Southern District of New York of allegations of breach of Judiciary Law § 487, fraudulent conveyance, and breach…

FKB’s A. Michael Furman and Aaron M. Barham Secure Pre-Answer Dismissal of Legal Malpractice, Breach of Contract and “Overbilling” Claims

Plaintiff’s legal malpractice complaint was based upon the incorrect premise that FKB’s clients “defaulted” in the underlying foreclosure action.  In actuality, FKB’s clients filed a pre-answer motion to dismiss, answered, and attempted to negotiate a loan modification.  After the bank moved for summary judgment for foreclosure, FKB’s clients advised Plaintiff…

FKB’s Andrew R. Jones and Daniel Butler Obtain Dismissal in Connection to Fraud, Civil Conspiracy, and Judiciary Law § 487 Claims

FKB’s Andrew Jones and Dan Butler recently obtained a pre-answer dismissal in connection to a Plaintiff’s allegations of fraud, civil conspiracy, and violations of Judiciary Law § 487.   Kings County Justice Karen Rothenberg’s decision dismissing the Plaintiff’s Complaint is dated July 3, 2018. Plaintiff brought suit against a number of…

FKB’s A. Michael Furman and Jason A. Kayne Obtain Dismissal of Legal Malpractice Claim Related to Underlying Appellate Litigation of Judgment Award for Insurance Claim

FKB’s A. Michael Furman and Jason A. Kayne obtained a favorable pre-answer dismissal of a legal malpractice claim on July 5, 2018. In the underlying appellate litigation, plaintiff sought to appeal a judgment awarded in his favor for medical liens and out-of-pocket expenses in connection with an insurance claim arising…

FKB’s Rachel Aghassi and Aaron M. Barham secure pre-answer discontinuances of two legal malpractice actions related to the same underlying representation

FKB’s Rachel Aghassi and Aaron M. Barham secured pre-answer discontinuances of two legal malpractice actions related to the same underlying representation. The first action involved three underlying foreclosure cases, Plaintiff, a court-appointed property guardian, alleged that FKB’s clients were responsible for selling the at-issue properties at an undervalued sum. After…

FKB’s Jennifer Y. Gutterman Obtains Directed Verdict in Supreme Court, Dutchess County

FKB‘s Jennifer Y. Gutterman obtained a directed verdict for a hospital in Supreme Court, Dutchess County before Judge Charles Wood. The case involved complications from a robotic assisted laparoscopic hysterectomy performed by two codefendant physicians. During the trial, after plaintiff rested, Jennifer obtained dismissal of the direct claims against the hospital. At…

Andrew Tobman Secures Defense Verdict in Supreme Court, Kings County before Judge Pamela Fisher

FKB‘s Andrew Tobman secures a Defense Verdict in Supreme Court, Kings County before Judge Pamela Fisher. The case involved allegations that the defendant, a trauma surgeon, negligently repaired a femur fracture by using a LISS plate. Plaintiff claimed the defendant should have used a rod and screws.  Plaintiff allegedly developed a mal-union,…

Andrew Jones and Ashley Glazewski Lecture on Risk Management and Insurance Coverage at the 2018 Professional Fiduciary Association of California (PFAC) Conference

FKB’s Andrew Jones and Ashley Glazewski spoke about risk management and insurance coverage at the recent Professional Fiduciary Association of California (PFAC) Conference, in Riverside, CA. Andrew and Ashley spoke with Lawrence Hilton – President of Dominion Insurance. The topic was: Are You Covered? Risk Management for Professional Fiduciaries. The…

Neil Kornfeld Obtains Defense Verdict in Supreme Court, Westchester County

Neil Kornfeld obtained a defense verdict in Supreme Court, Westchester County before Judge Lawrence Ecker.  Plaintiff alleged that the defendant doctor administered a contraindicated steroid injection to relieve pain from plantar fasciitis.  Plaintiff also alleged that the defendant failed to diagnose and properly treat an infection resulting in continued treatment,…

FKB’s Nicholas Lewis Obtains Defense Verdict in Kings Supreme

FKB‘s Nicholas Lewis has obtained a defense verdict for a hospital in a GL premises case yesterday in Kings Supreme. The plaintiff in this case had stumbled over an “open, notorious and visible” 2-inch elevation in a sidewalk at the hospital and sustained knee and shoulder ligament tears that led to surgery. Mr. Lewis’ cross of…

FKB Participates in the 2018 AHA Wall Street Run & Heart Walk

Spanning the course of 3-miles, FKB participated in the American Heart Association’s Wall Street Run & Heart Walk that took place on May 17th, 2018. This event encouraged all participants to exercise for a charitable cause. Donations were raised for the American Heart Association by supporters and participants alike, with a central…

FKB’s Andrew S. Kowlowitz and Aaron M. Barham Obtain Dismissal of Legal Malpractice Claims Related to Wrongful Termination Litigation

FKB’s Andrew S. Kowlowitz and Aaron M. Barham obtained a favorable pre-answer dismissal of a legal malpractice case on October 30, 2018, and thereafter successfully opposed plaintiff’s motion to vacate the dismissal order. In the underlying EPLI action, plaintiff alleged that he was wrongfully terminated due to his national origin,…

FKB’s Andrew S. Kowlowitz and Rachel Aghassi obtain summary dismissal of Judiciary Law § 487 claim based on alleged “misrepresentations” in underlying matrimonial action

FKB successfully obtained CPLR § 3212 summary judgment dismissal from Justice Shlomo Hagler in the Supreme Court, New York County. This Judiciary Law § 487 claim is based on FKB’s client’s representation of plaintiff’s husband in an underlying matrimonial action in Westchester County initiated in 2004.  Despite being represented in…