Category: Results
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…
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 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 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…
Dec 22nd, 2023
FKB’s A. Michael Furman, Benjamin M. Oxenburg, And Aaron M. Barham Secure First Department Dismissal Of High Exposure Legal Malpractice Suit Brought By National Accounting Firm
FKB’s A. Michael Furman, Benjamin M. Oxenburg, and Aaron M. Barham secured a decision from the Appellate Division, First Department, dismissing a legal malpractice action on behalf of FKB’s client, a prominent New York law firm. In the underlying action, FKB’s client represented the plaintiff, a national accounting and advisory…
Dec 12th, 2023
FKB’s Aaron M. Barham And Steven Kaufman Obtain A Voluntary Dismissal Of A Breach Of Contract Lawsuit After Filing Rule 12(B) Motion
FKB’s Aaron M. Barham and Steven Kaufman recently obtained the voluntary dismissal of a breach of contract action in the U.S. District Court for the Southern District of New York. FKB’s client, a litigation attorney based in Pennsylvania, facilitated communications between the Plaintiff law firm and the codefendants, regarding the…
Nov 17th, 2023
FKB’s John Gizunterman Successfully Obtained Summary Judgment And Dismissal Of Plaintiff’s Medical Malpractice Action Against FKB Clients, A New York City Hospital And A Physiatrist Affiliated With The Facility
FKB’s John Gizunterman successfully obtained summary judgment and dismissal of plaintiff’s medical malpractice action against FKB clients, a New York City hospital and a physiatrist affiliated with the facility. This action involved allegations of failure to timely diagnose infection following a craniotomy. In obtaining the dismissal FKB successfully argued that the treating…
Oct 20th, 2023
FKB’s Andrew Kowlowitz And Salvatore Lapetina Obtain Summary Judgment Dismissal Of Property Damage And Contractual Claims On Behalf Of Contractor
FKB’s Andrew Kowlowitz and Salvatore Lapetina successfully obtained summary judgment and dismissal of property damage and contractual claims against FKB’s client, a contractor, in the Commercial Division of New York County Supreme Court. In its motion for summary judgment, FKB successfully argued, among other things, that all claims for property damage and breach of…
Oct 6th, 2023
FKB’s Rachel Aghassi And Spencer A. Richards Successfully Obtain Pre-answer Dismissal Of A Complaint Asserting Legal Malpractice In Bronx County, Supreme Court
FKB’s Rachel Aghassi and Spencer A. Richards successfully obtain Pre-Answer dismissal of a complaint asserting legal malpractice in Bronx County, Supreme Court, against FKB’s client, a prominent trademark attorney, arising out of an underlying trademark infringement dispute against a third party. The plaintiff alleged that FKB’s client committed legal…
Oct 5th, 2023
FKB’s Spencer A. Richards Successfully Obtained 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 A Prominent Trademark Attorney
FKB’s Spencer A. Richards successfully obtained 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 trademark attorney, arising out of FKB’s client’s representation of a well-known beach accessory store operating…
Oct 5th, 2023
FKB’s Andrew R. Jones And Joshua E. Lahijani Successfully Obtain A Pre-answer Dismissal On Claims Of Legal Malpractice And Violation Of Ny Judiciary Law § 487 In Kings County, Supreme Court
FKB’s Andrew R. Jones and Joshua E. Lahijani secured a pre-answer dismissal of claims of legal malpractice and violations of NY Judiciary Law § 487 on behalf of an attorney and his firm with respect to dismissal of an underlying podiatric malpractice case. Plaintiff filed an action against FKB’s client…
Oct 4th, 2023
FKB’s Spencer A. Richards And Joshua E. Lahijani Win Appellate Division Appeal Affirming Pre-answer Dismissal Of Legal Malpractice
FKB’s Spencer A. Richards and Joshua E. Lahijani successfully obtained an order on appeal before the Appellate Division, First Department, affirming pre-answer dismissal of a legal malpractice complaint on behalf of a real estate law firm, which represented and advised a co-op in an underlying co-op litigation. The plaintiff asserted…
Oct 3rd, 2023
FKB’s Andrew R. Jones And Joshua E. Lahijani Successfully Obtain A Pre-answer Dismissal On A Notarial Misconduct Action In Westchester County, Supreme Court
FKB’s Andrew R. Jones and Joshua E. Lahijani secured a pre-answer dismissal of a notarial misconduct claim on behalf of a real estate attorney with respect to a notarized deed in 2007. Plaintiff filed an action against FKB’s client that purportedly notarized a deed conveying real property in 2007. Plaintiff…
Sep 9th, 2019
FKB’S ANDREW S. KOWLOWITZ AND JASON A. KAYNE SUCCESSFULLY OBTAIN DISMISSAL OF DECLARATORY JUDGMENT ACTION AGAINST ATTORNEY ALLEGING IMPROPER WITHHOLDING OF CLIENT FUNDS IN ESCROW
FKB’s Andrew S. Kowlowitz and Jason A. Kayne obtained a favorable pre-answer dismissal from the New York County Supreme Court of a declaratory judgment action commenced against an attorney by his former client, seeking the disgorgement of sale proceeds from a 2005 real estate transaction that the plaintiff alleged were…
Apr 25th, 2019
FKB’S ANDREW S. KOWLOWITZ AND AARON M. BARHAM OBTAIN DISMISSAL OF A HIGH EXPOSURE LEGAL MALPRACTICE CLAIM AS BARRED BY THE STATUTE OF LIMITATIONS
FKB successfully obtained CPLR § 3211 pre-answer dismissal in the Supreme Court, New York County of a legal malpractice claim as barred by the statute of limitations. In the underlying case, FKB’s client represented a utilities company in a high exposure premises liability claim in which the client’s answer was…
Feb 21st, 2019
FKB’S ANDREW TOBMAN SUCCESSFUL IN PRIVATE INSURANCE COMPANY APPEAL
FKB’s Andrew Tobman successfully represented a client at a private insurance company appeal surrounding revocation of his network participation status. The insurance company sought to remove a podiatrist from their network secondary to settlement of a 2011 lawsuit at a mediation, where the patient expired from a silent pulmonary embolus. …
Oct 22nd, 2018
FKB’s Andrew R. Jones, Rachel Aghassi, and Jason A. Kayne successfully obtain affirmation of dismissal in the Second Circuit of the U.S. Court of Appeals of claims against attorney
FKB’s Andrew R. Jones, Rachel Aghassi, and Jason A. Kayne successfully obtained a decision from the United States Court of Appeals for the Second Circuit affirming a pre-answer dismissal under Fed. R. Civ. P. § 12(b)(6) in an action asserting breach of fiduciary duty, fraud, and other claims related to…
Oct 10th, 2018
FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of a legal malpractice claim as barred by the statute of limitations
FKB successfully obtained CPLR § 3211 pre-answer dismissal in the Supreme Court, Kings County of a legal malpractice claim as barred by the statute of limitations. In the underlying facts of this case, FKB’s clients represented the plaintiff in an action filed against him by his brother concerning the ownership…
Sep 7th, 2018
FKB’s Andrew Kowlowitz and Shari Sckolnick Obtain Summary Judgment, Dismissing a Legal Malpractice Claim Stemming from a Shareholder Derivative Action
FKB’s Andrew Kowlowitz and Shari Sckolnick successfully obtained CPLR § 3212 summary judgment dismissing a legal malpractice complaint from Justice Loren Baily-Schiffman in Supreme Court, Kings County. This legal malpractice action stemmed from a complex series of derivative claims, wherein an entity of which the plaintiff was the purported sole…
May 10th, 2018
Neil Kornfeld obtains a defense verdict in Supreme Court, Kings County in a medical malpractice action
The case involved allegations that the defendants failed to diagnose orthostatic hypotension and to implement appropriate fall precautions for a patient with a history of cardiac disease and dizziness. The patient fell in his hospital room and fractured his spine at C5-C6 requiring emergency surgery resulting in quadriplegia. Plaintiff’s cardiology…
May 4th, 2018
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…
Apr 27th, 2018
FKB’S ANDREW KOWLOWITZ AND SHARI SCKOLNICK OBTAIN DISMISSAL OF CLAIMS AGAINST A LAW FIRM ARISING FROM THE DISTRIBUTION OF $10 MILLION IN LIFE INSURANCE PROCEEDS
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Saliann Scarpulla, Supreme Court, New York County. In this matter, FKB’s client represented one of several investors in the purchase of a STOLI (Stranger Originated Life Insurance) Policy obtained from Transamerica Life Insurance Company (“Transamerica”), and was…
Apr 12th, 2018
FKB’s Tracy S. Katz and Megan Feinberg Obtain Dismissal of Claims in Complex Motion Practice
Tracy S. Katz and Megan Feinberg obtained dismissal of claims of fraud, RICO violations, intentional infliction of emotional distress and tortious interference with business relations, via highly complex motion practice. The main case sounded in medical malpractice and FKB successfully argued to the court that that all of the other…
Apr 5th, 2018
FKB Obtains Dismissal of Legal Malpractice/Underlying Commercial-Shareholder Dispute
FKB’s Andrew Jones, Shari Sckolnick and Aaron Baram obtained a favorable pre-answer dismissal of a legal malpractice case in New York Supreme Commercial Division on April 5, 2018. The Insured law firm was retained to wind down a leading office furniture installation company in Manhattan, comprised of two main shareholders….
Mar 9th, 2018
FKB’s Andrew S. Kowlowitz and Benjamin M. Oxenburg obtain dismissal of an action alleging aiding and abetting fraud in the Appellate Division, First Department
FKB successfully obtained the First Department’s affirmance of a New York County Supreme Court Commercial Division decision granting our pre-answer motion to dismiss. Plaintiffs’ lawsuit arose out of a dispute amongst LLC members of a venture to construct a luxury boutique hotel near Hudson Square, a neighborhood at the intersection…
Feb 28th, 2018
FKB’s Andrew S. Kowlowitz and Rachel Aghassi obtain summary dismissal of legal malpractice claim due to plaintiff’s failure to establish proximate causation
FKB successfully obtained CPLR § 3212 summary judgment dismissal from Justice R. Bruce Cozzens, Jr. in the Supreme Court, Nassau County. In this action, Plaintiff claimed he was convinced by a non-party “con artist” to take out a series of three (3) “hard money” collateralized loans. After the loans were…
Dec 19th, 2017
FKB’s A. Michael Furman and Benjamin M. Oxenburg obtain dismissal of a legal malpractice action in the Appellate Division, First Department
FKB successfully obtained the First Department’s reversal of a New York County Supreme Court decision denying our pre-answer motion to dismiss. Plaintiff was the former co-CEO of Majestic Capital, Ltd. f/k/a CRM Holdings, Ltd. (“Majestic”), a public company traded on the NASDAQ exchange which managed a group of self-insured workers’…
Nov 13th, 2017
FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of a legal malpractice counterclaim asserted to avoid legal fees owed to FKB’s client
FKB successfully obtained CPLR § 3212 summary judgment dismissal in the Supreme Court, New York County of a legal malpractice counterclaim asserted in response to an action initiated by FKB’s client to recover outstanding legal fees. In this matter, FKB’s client was retained by the defendant in 2005 to increase…
Oct 18th, 2017
FKB’s Bain R. Louck’s Wins Appeal Affirming Legal Malpractice Directed Verdict
On October 18, 2017, New York’s Appellate Division, Second Department, affirmed the trial court’s decision granting FKB’s motion for directed verdict. See Verdi v. Jacoby & Meyers, 2017 N.Y.Slip Op. 07294 (2d Dept. October 18, 2017). The Appellate Division also affirmed the trial court’s denial of the plaintiff’s belated post-trial…
Oct 18th, 2017
FKB’s Andrew R. Jones and Rachel Aghassi obtain dismissal of federal action asserting breach of fiduciary duty, fraud, and other claims related to a life insurance policy held by a trust
FKB successfully obtained a pre-answer dismissal on a Rule 12(b)(6) motion to dismiss from United States District Judge Vernon S. Broderick in the United States District Court of the Southern District of New York. In this matter, FKB’s client was retained to prepare an irrevocable survivors’ trust for a married…
Sep 8th, 2017
FKB’s Andrew R. Jones and Corey M. Cohen win Pre-Answer Motion to Dismiss in Legal Malpractice Case
FKB prevailed in a pre-answer motion to dismiss pending before Justice Suarez in Supreme Court, Bronx County. FKB’s Attorney Client represented three business partners in a dissolution proceeding against the plaintiff seeking a valuation and surcharge against plaintiff’s business shares. During the representation, FKB’s Client submitted codefendant’s affidavit to aver…
Sep 5th, 2017
FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of an action asserting legal malpractice based on New York’s “choice of law” rules, CPLR § 202
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Arlene Bluth in Supreme Court, New York County. In this matter, FKB’s client represented plaintiff as the buyer of several units in a luxury hotel development located in Toronto, Ontario. After the purchase agreements were executed but…
Jul 31st, 2017
FKB’s Andrew R. Jones and Corey M. Cohen author Innovative Insurance Coverage article on Expert Disclosures
FKB’s Andrew R. Jones and Corey M. Cohen contributed to Innovative Insurance Coverage with an article in the July 2017 edition of Insurance Focus titled Expert Disclosure Trends: Comply Early and Often or Have Your Expert Precluded! If you have any questions about this article, or the defense of attorneys…
Jul 27th, 2017
FKB’s Izabell Lemkhen Successfully Obtains Dismissal of Legal Malpractice Actions
FKB’s Izabell Lemkhen prevailed in a pre-discovery motion to dismiss claims for legal malpractice, breach of fiduciary duty, and common law indemnity asserted against a law firm and its partner arising out of legal representation provided to a film production company with respect to various corporate matters. FKB represented a…
Jun 30th, 2017
FKB’s Andrew R. Jones and Stefanie A. Singer Win Appeal Affirming Dismissal of Counterclaims
FKB obtained a favorable ruling from the Appellate Division, First Department affirming the dismissal of fourteen (14) counterclaims pursuant to CPLR 3211 (a)(7). FKB’s client is a solo practitioner with decades of experience in complex commercial litigation who successfully obtained a judgment in excess of $1M for his former clients, who…
May 30th, 2017
FKB’s Jennifer Y. Gutterman Wins Summary Judgment in Hospital Medical Malpractice Suit
FKB’s Jennifer Y. Gutterman wins summary judgment in a medical malpractice action involving claims of improper performance of a supraclavicular peripheral nerve block allegedly resulting in nerve dysfunction, denervation of muscles, claw deformity, loss of use of hand, neurologic deficits of the upper extremity, wasting and weakness of hand muscles,…
May 1st, 2017
FKB’s Tracy S. Katz Successfully Defends Second Department Appeal and Obtains Dismissal of Medical Malpractice Claims
FKB obtained a unanimous ruling from the Appellate Division, Second Department, affirming the dismissal of a medical malpractice case against a physician assistant for alleged failure to diagnose and treat a 48 year-old male plaintiff for endocarditis. Plaintiff claimed the alleged misdiagnosis resulted in treatment with antibiotics, a heart murmur, brain…
Mar 9th, 2017
FKB’s Andrew Kowlowitz and Stefanie Singer obtain dismissal of RICO and mail fraud claims against a prominent New York trusts and estates attorney.
FKB’s Andrew S. Kowlowitz and Stefanie A. Singer obtained pre-answer dismissal of federal RICO and mail fraud claims commenced against a prominent trusts and estates attorney in the Southern District of New York. Plaintiffs alleged a conspiracy to defraud their elderly father/uncle of his assets, including valuable real estate, and…
Feb 21st, 2017
FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of an action asserting legal malpractice relating an allegedly usurious mortgage.
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Stephen A. Bucaria in the Commercial Division of the Supreme Court, Nassau County. In this matter, FKB’s client represented plaintiff-lender with respect to a mortgage and note which closed in July 2010. After the mortgagee defaulted…
Jan 23rd, 2017
FKB’s Andrew S. Kowlowitz and Benjamin M. Oxenburg obtain dismissal of a defamation action arising from articles published in the New York Post and the New York Daily News which described an attorney’s questioning of a prominent former TV executive during post-divorce proceedings for failure to pay child-support and alimony.
FKB successfully obtained pre-answer dismissal on a motion to dismiss from Justice David B. Cohen in New York County Supreme Court. Plaintiff, a former television executive of several networks, was engaged in a contentious divorce with his ex-spouse, represented by FKB’s client. Following a ten (10) day trial, the New…
Dec 6th, 2016
FKB Successfully Defends an Appeal in First Department
FKB obtains a favorable ruling from the Appellate Division, First Department affirming the dismissal of a legal malpractice case in connection with a defendant-law firm’s representation of a telecommunications company in a maritime action. In the underlying representation, the plaintiff, a telecommunications company, sought to recover damages against a shipping…
Dec 1st, 2016
FKB’s Andrew Jones and Rachel Aghassi Obtain Summary Judgment in Commercial Real Estate Action
FKB obtains dismissal of a commercial real estate action on a motion for summary judgment from Justice Jeffrey K. Oing, New York State Supreme Court, New York County Commercial Division. The plaintiff real estate investment company sought damages from their co-owners/project developers for alleged breaches of contract and fiduciary duty…
Sep 13th, 2016
FKB’s Andrew Jones and Florence Lishansky win pre-answer Motion to Dismiss in an insurance agent/broker liability case
FKB successfully obtained pre-answer dismissal on a motion to dismiss from Justice Oing in New York State Supreme Court, New York County (Commercial Division). FKB’s pre-answer motion to dismiss pursuant to CPLR §§ 3211(a)(1) and (a)(7) argued, inter alia, that the complaint failed to state a cause of action. Following extensive…
May 26th, 2016
FKB’s Andrew R. Jones and Rachel Aghassi obtain dismissal with prejudice of action asserting multiple claims against attorney in the Commercial Division of the Supreme Court, New York County
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Jeffrey K. Oing in the Commercial Division of the Supreme Court, New York County. FKB’s client represented the opposing parties in two related commercial litigations in which Plaintiffs were involved. Plaintiffs claimed breach of fiduciary duty, breach…
May 20th, 2016
Andrew R. Jones and Jessica Serrano obtain dismissal of fraud and negligent misrepresentation action against attorney arising from adversary’s failure to conduct appropriate due diligence in sale and transfer of dental practice
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Shirley Werner Kornreich in New York State Supreme Court, New York County. FKB’s client, a Manhattan-based legal advisory and consultancy, represented the sole proprietor of a dental practice in the sale and transfer of 50% of the…
May 18th, 2016
FKB’s A. Michael Furman and Rachel Aghassi obtain dismissal of an action asserting legal malpractice in two bankruptcy petitions
FKB successfully obtained a pre-answer dismissal on a motion to dismiss from Justice Lucindo Suarez in Supreme Court, Bronx County. In this matter, FKB’s client represented plaintiffs with respect to their handling of two Chapter 13 bankruptcies which were filed in response to a pending foreclosure action. Shortly after…
Mar 29th, 2016
FKB’s Andrew S. Kowlowitz and Bain R. Loucks obtain dismissal of defamation claims asserted against law firm
The defamation claim arose from a Law Firm’s representation of a creditor in a foreclosure action against the owner of a partially developed hotel in lower Manhattan. Following commencement of the foreclosure action, the owner filed for Chapter 11 bankruptcy in the Southern District of New York. The litigation was…
Mar 15th, 2016
FKB’s Andrew S. Kowlowitz and Brandon H. Weinstein obtain dismissal of a legal malpractice claim in connection with an Attorney’s representation of a landlord in an underlying landlord-tenant/non-payment proceeding
FKB successfully obtained pre-answer dismissal on a Motion to Dismiss from Justice Dufficy in Queens County Supreme Court. In the underlying non-payment proceeding brought by the Landlord in the New York City Civil Court, the Attorney secured a final judgment for its client for back rent. The judgment was appealed…
Feb 29th, 2016
FKB’s Andrew S. Kowlowitz and Benjamin M. Oxenburg obtain dismissal of a defamation action arising from comments attributed to an attorney in the New York Post describing an indictment charging the son of a prominent attorney with multiple counts of unlawful surveillance
FKB successfully obtained pre-answer dismissal on a motion to dismiss from Justice Joan M. Kenney in New York County Supreme Court. Plaintiff, the son of a prominent attorney, is presently being prosecuted by the New York County District Attorney’s Office on a nineteen (19) count indictment for second degree unlawful…
Feb 23rd, 2016
FKB’s Patrick J. Brennan won a unanimous jury verdict in favor Quest Diagnostics Incorporated following a three week trial in Queens Supreme Court for alleged nerve injury
The plaintiff alleged improper performance of a blood draw by a Quest Diagnostics phlebotomist resulting in a median nerve injury and complex regional pain syndrome (CRPS). FKB retained experts in orthopedic hand surgery and phlebotomy and established during trial that the plaintiff’s complaints did not match known nerve distribution and…
Nov 16th, 2015
FKB’s Neil Kornfeld and Lauren Simon win summary judgment in a medical malpractice action involving a post-operative infection allegedly caused by the negligent handling and maintenance of surgical supplies and equipment
FKB represented a podiatrist in a case where the plaintiff alleged that defendants introduced a pseudomonas infection during the performance of surgery due to negligent storage, handling and maintenance of surgical supplies, equipment and medication used intra-operatively. Defendants argued that the plaintiff’s Complaint and Bills of Particulars were devoid of…
Nov 15th, 2015
FKB’s Neil Kornfeld and Lauren Simon obtained a defense verdict in Supreme Court, New York County in a podiatric malpractice action
The case involved allegations that the defendant podiatrist negligently performed a bunion surgery resulting in the development of neuromas, altered gait, and Complex Regional Pain Syndrome. The plaintiff also claimed that as a result of the surgery she could no longer work as a manager of a nightclub, claiming over…
Aug 12th, 2015
FKB’s A. Michael Furman and Florence N. Lishansky obtain dismissal of a legal malpractice claim arising from three separate underlying commercial litigations
This legal malpractice action arises from FKB’s client’s representation of the Plaintiff in three separate litigations over the course of two years. After the Plaintiff failed to remit payment for these legal services, FKB’s client initiated an action to recover unpaid legal fees. In response, the Plaintiff commenced this action…
Aug 10th, 2015
FKB’s Andrew S. Kowlowitz and Brandon H. Weinstein obtain dismissal of a legal malpractice claim arising from an underlying failed partnership agreement
This legal malpractice action arises from a failed partnership involving the purchase and operation of a liquor store. FKB’s client, a Manhattan-based attorney, assisted with the liquor license application. When it became apparent that the New York State Liquor Authority would not grant the store a liquor license, one of…
Jun 30th, 2015
FKB’s Patrick J. Brennan and Jennifer Y. Gutterman win summary judgment in a medical malpractice action alleging failure to diagnose cervical cancer
Patrick J. Brennan and Jennifer Y. Gutterman win summary judgment in a medical malpractice action alleging failure to diagnose cervical cancer. FKB represented a large diagnostic laboratory in a case where the plaintiff alleged a failure to diagnose cervical cancer by misreading a pathology slide. The plaintiff sued the laboratory…
Jun 25th, 2015
FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer
FKB’s Neil S. Kornfeld and Tracy S. Katz obtained a Defense Verdict in Supreme Court, Nassau County in a dental malpractice action. The case involved allegations that the defendant dentist failed to diagnose oral cancer. Plaintiff alleged that she had a suspicious lesion in her mouth for approximately six months…
Jun 15th, 2015
FKB’s Patrick J. Brennan wins summary judgment in a medical malpractice action alleging negligently performed preoperative clearance
Patrick J. Brennan won summary judgment in a medical malpractice action alleging negligently performed preoperative clearance. FKB represented an internist, who treated the plaintiff for several months as a primary care physician. When the plaintiff was diagnosed with prostate cancer, he needed surgery, and went to the internist for preoperative…
Jan 26th, 2015
FKB’s Andrew S. Kowlowitz and Florence N. Lishansky win summary judgment dismissing a legal malpractice action arising from an underlying construction arbitration
FKB’s Andrew S. Kowlowitz and Florence N. Lishansky won summary judgment of a legal malpractice action, wherein the plaintiffs sought $1.5 million. The plaintiffs, owners and operators of a Brooklyn diner, retained FKB’s client, the defendant law firm (“Firm”), to defend a claim brought by a contractor and lender to…
Dec 15th, 2014
After a 6-week jury trial in The Supreme Court of the State of New York, New York County (Manhattan), on December 15, 2014 FKB’s Andrew R. Jones and Rachel Aghassi obtained a unanimous verdict in favor of their attorney-client.
The plaintiff real estate development company sought damages in excess of $10.6M against the defendant-attorney for work done in connection with a 2006 real estate project. The plaintiff planned to build 40 condominium units in upper Manhattan at a location situated immediately next to a large New York City-owned and…
Nov 5th, 2014
FKB’s Mike Furman was the Moderator at a NYSBA Trial Lawyers Section Panel Discussion on Trial Advocacy and Courtroom Conduct at Brooklyn Law School.
FKB’s Mike Furman led a panel discussion entitled “Pointers on Courtroom Conduct” at Brooklyn Law School on November 5, 2014. The presentation was sponsored by the Trial Lawyers Section of the New York State Bar Association, and the panelists included Hon. Yvonne Lewis, J.S.C. (Kings County), U.S. Magistrate Judge Ramon…
Aug 21st, 2014
Andrew R. Jones obtains dismissal of a fraud and a negligent misrepresentation complaint alleging over $10M in damages against prominent attorney.
FKB’s client is a solo practitioner with significant experience in real estate transactions and environmental litigation. The matter arose from the defendant-attorney’s representation of a limited liability partnership (the “LLP”) in obtaining zoning approval to convert a commercial property into a residential property for purposes of creating a condominium complex….
Aug 1st, 2014
FKB’s Neil Kornfeld obtains a defense verdict in a podiatric medical malpractice action in Supreme Court, New York County.
FKB’s Neil Kornfeld obtains a defense verdict in a podiatric medical malpractice action in Supreme Court, New York County. Plaintiff, a 40 year old woman, claimed that the defendant doctor negligently performed foot surgery causing traumatic arthritis, two subsequent surgeries, and the need for a third surgery. The defendant doctor…
Jul 10th, 2014
FKBs Andrew S. Kowlowitz and Jessica C. Serrano win a Plaintiffs verdict on behalf of a law firm following a four week jury trial in New York Supreme Court, New York County.
FKB’s client is a law firm, specializing in the practice of matrimonial and family law. The Firm was previously retained by the client/defendant in a contested divorce proceeding. After rendering extensive legal services on behalf of the defendant, the Firm, on consent, withdrew escrow funds to pay a portion of…
May 22nd, 2014
Andrew S. Kowlowitz obtains dismissal of legal malpractice claim against a landlord-tenant attorney.
FKB’s client is a New York law firm with significant experience representing clients in landlord-tenant litigation. The matter arose from the defendant-attorney’s representation of the plaintiff (a landlord/housing cooperative) in connection with the prosecution of a non-payment summary proceeding against a commercial tenant, a Cuban restaurant. The landlord alleged that…
May 19th, 2014
Andrew S. Kowlowitz wins dismissal of a legal malpractice action against a personal injury attorney, arising from the prosecution of a catastrophic injury to a minor claim.
FKB’s client is a personal injury attorney with a solo practice. This matter arose from the attorney’s representation of a four (4) year-old minor who fell out of an apartment window without window guards and suffered irreversible brain damage. FKB’s client prosecuted an action against the plaintiff’s landlord through trial,…
May 16th, 2014
FKB’s Andrew S. Kowlowitz obtains a defense verdict of a legal malpractice counter-claim following a bench trial.
FKB’s client is a law firm, specializing in the practice of family law. The Firm was previously retained by the defendant in a guardianship proceeding. The Firm rendered extensive legal services on behalf of the defendant, and requested payment of invoices on several occasions. The defendant failed to remit payment….
May 2nd, 2014
FKBs Andrew R. Jones and Bain R. Loucks win motion for summary judgment dismissing a $5 million legal malpractice claim.
FKB’s Andrew R. Jones and Bain R. Loucks won motion for summary judgment to dismiss a $5 million legal malpractice claim on 5/2/14. The plaintiff, a sophisticated real estate speculator, retained FKB’s client, the defendant law firm (“Firm”), in connection with plaintiff’s investment in a resort hotel located in upstate…
Jan 31st, 2014
Andrew S. Kowlowitz wins appeal in the Second Circuit Court of Appeals, affirming dismissal of a legal malpractice action.
FKB’s Andrew S. Kowlowitz wins an appeal in the Second Circuit Court of Appeals affirming the dismissal of legal malpractice action against a New York law firm in connection with its legal representation of a condominium board and the individual unit owners in an action against the builder and developer…
Dec 23rd, 2013
FKB’s Patrick J. Brennan obtains directed verdict in Nassau County Supreme Court in a legal malpractice action against a prominent plaintiff’s personal injury law firm.
FKB’s Patrick Brennan obtained a directed verdict on behalf of a prominent plaintiff’s personal injury law firm at the close of the plaintiff’s case in a legal malpractice trial before Justice F. Dana Winslow in Nassau County Supreme Court. The central issue in this legal malpractice action was whether FKB’s…
Aug 8th, 2013
Patrick J. Brennan Wins Post-Trial Motion to Dismiss Medical Malpractice Action.
FKB’s Patrick J. Brennan obtained dismissal of medical malpractice claims, following a two-week trial in Bronx County Supreme Court that resulted in a jury verdict for the plaintiff. The focus of the trial centered on whether a surgeon committed malpractice when he injured the plaintiff’s right common iliac artery during…
Aug 5th, 2013
FKB’s Andrew S. Kowlowitz and Partnership Dispute Litigation team, obtains summary judgment for a matrimonial law firm and secures judgment in excess of $200,000 for unpaid legal fees.
FKB’s client is a matrimonial law firm, who was previously retained by the defendant/client in a divorce proceeding. Pursuant to the retainer agreement, the defendant agreed to pay the firm based upon its regularly established hourly rates. The firm rendered extensive legal services on behalf of the defendant, and mailed…
Jul 25th, 2013
FKB’s Neil Kornfeld obtains a Defense Verdict in Supreme Court, Richmond County in a medical malpractice action.
FKB’s Neil Kornfeld obtains a Defense Verdict on 7/25/13 in Supreme Court, Richmond County in a medical malpractice action. The case involved allegations that the defendant doctor failed to refer and properly treat plaintiff’s diabetic ulcer. The plaintiff underwent a partial heel resection and extended treatment due to healing problems….
Jul 12th, 2013
FKB’s Andrew S. Kowlowitz obtains dismissal of a legal malpractice action brought against FKB’s client in the Southern District of New York.
FKB’s Andrew S. Kowlowitz obtains a dismissal of legal malpractice action against a New York law firm, including a partner and associate of the firm, in connection with its legal representation of a condominium board and the individual unit owners in an action against the builder and developer of the…
Jun 11th, 2013
FKB’s Andrew S. Kowlowitz Obtains Dismissal of a Legal Malpractice Action Brought Against a Real Estate Attorney in the New York County Supreme Court.
FKB’s Andrew S. Kowlowitz obtains dismissal of a claim for legal malpractice action arising from an underlying purchase of a Cooperative apartment in Manhattan. FKB’s client are a New York City law firm and its partners. The Firm was retained to represent the Plaintiffs, purchasers of a Cooperative apartment on…
Apr 2nd, 2013
FKB’s Neil Kornfeld obtains a Defense Verdict After a Five Week Trial in Supreme Court, Bronx County in a Medical Malpractice Action.
FKB’s Neil Kornfeld obtains a defense verdict after a five week trial in Supreme Court, Bronx County in a medical malpractice action. The case involved allegations that the defendant doctor failed to diagnose and treat an infection in the plaintiff’s foot that resulted in the development of osteomyelitis and amputation…
Apr 1st, 2013
Andrew S. Kowlowitz obtains dismissal of a legal malpractice action brought against FKB’s client, a transactional attorney, in the New York County Supreme Court.
FKB’s Andrew S. Kowlowitz obtains a dismissal of legal malpractice action against a New York based solo practitioner in connection with legal representation he provided to a seller (“Plaintiff-seller”) of commercial business assets (the “underlying transaction”). The terms of the sale agreement included a sale price, a down payment and…
Mar 4th, 2013
FKB Takes Leading Role in the New York State Bar Association Legal Malpractice CLE Seminar.
Mike Furman served as the Over-all Planning Chairman for the New York State Bar Association’s biennial Legal Malpractice CLE Seminar entitled “Legal Malpractice Professional Liability Claims, Litigation Strategies and Ethics.” This Legal Malpractice CLE seminar was sponsored by the Torts, Insurance and Compensation Law Section and the Law Practice Management…
Feb 27th, 2013
FKB’s Andrew R. Jones obtains a unanimous defense verdict after a two-week trial in a Queens County general liability action.
Furman Kornfeld & Brennan LLP’s Andrew R. Jones obtained a unanimous defense verdict in a general liability (alleged trip-and-fall) action following a two-week jury trial in Queens County Supreme Court before Justice Howard. G. Lane. The trial involved claims that the defendant – a community gym and karate center located…
Feb 16th, 2013
FKB Wins Appeal in Legal Malpractice Action Arising from an Alleged “Forced Settlement” in an Underlying $5 Million Civil Rights Case.
Furman Kornfeld & Brennan LLP successfully defended an appeal by a wealthy former client who alleged that his lawyer “forced” an improvident settlement on the eve of a civil rights trial in the Eastern District of New York which involved $5 million in claimed damages. In Bellinson Law LLC, v. Iannucci,…
Nov 12th, 2012
FKB Client Advisory: How Not to Get Lost In the Singletree Forest: Avoiding Expert Preclusion Under CPLR 3101(d)(1)(i) 11/12
The Appellate Division, Second Department has finally shed light on the perplexing trend surrounding the timing of expert disclosure that has plagued practitioners in recent years. New York courts long agreed that the identification and exchange of expert witnesses pursuant to CPLR 3101(d)(1)(i) was permitted until near the time of…
