Category: Uncategorized

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…

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…