Category: Uncategorized

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…

FKB’s Andrew R. Jones and Stefanie A. Singer author Innovative Insurance Coverage article

FKB’s Andrew R. Jones and Stefanie A. Singer contributed once again to Innovative Insurance Coverage with an article in the April 2017 edition of Insurance Focus titled Defamation Claims Arising Out of the Attorney-Client Relationship and Internet Reviews. If you have any questions about this article, or the defense of attorneys…

FKB Client Advisory by Andrew R. Jones and Brandon H. Weinstein

Recent Legal Malpractice Appellate Division Decisions. Dear Clients & Colleagues: Please see the attached FKB Client Advisory addressing three legal malpractice Decisions of note issued this past week by New York’s Appellate Division: · 4/30/15 (1st Dept) regarding statute of limitations/tolling where certain derivative claims survived as being truly derivative;…