Author: Alec

Mar 30th, 2018

FKB raises over $275,000 for Cycle for Survival – Memorial Sloan Kettering Cancer Center Fundraiser

FKB celebrated its seventh year taking part in Cycle for Survival, on March 10, 2018, raising nearly $35,000 this year for rare cancer research at Memorial Sloan Kettering Cancer Center. Furman Kornfeld & Brennan LLP is proud to have raised over $275,000 for Cycle for Survival – Memorial Sloan Kettering…

Mar 9th, 2018

FKB’s Andrew Kowlowitz will be a featured speaker at the American Bar Association’s Spring 2018 National Legal Malpractice Conference

FKB’s Andrew Kowlowitz will be a featured speaker at the American Bar Association’s Spring 2018 National Legal Malpractice Conference on the topic “My Client is a Nightmare!” How to Prepare Your Difficult LPL Client for a Deposition.” The Conference will take place April 25th -27th, 2018, at the Renaissance Hotel…

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…

Feb 28th, 2018

February 13, 2018: All-Risk Art Insurance Policy Does Not Cover Title Defects; Broker Action Dismissed

In a matter of first impression, the New York Appellate Division (1st Dep’t) held, on February 13, 2018, that a fine arts dealer all-risk policy does not provide coverage for defective title, notwithstanding that the policy was silent with respect to defective title. Plaintiff (a Chelsea Art Gallery)’s claims against…

Feb 28th, 2018

FKB Partner, Andrew Jones Speaks at St. John’s Law School’s CLE Weekend

FKB Partner, Andrew Jones, spoke at St. John’s Law School’s February 10/11 2018 CLE weekend – discussing risk management, conflicts of interest, and the rising impact of social media on the legal profession. See more information here: February 2018 CLE weekend

Feb 8th, 2018

FKB’s Andrew Jones is a panelist for an ABA Webinar

FKB’s Andrew Jones is a panelist for an ABA Webinar addressing the ethical issues relating to the preparation of witnesses for depositions and trial. Along with Professor Michelle Ghetti, Erin Higgins Esq. (Boston) & Shauna Itri, Esq. (Pennsylvania) the session will give practical pointers to avoid ethical traps, address coaching…

Nov 15th, 2017

FKB’s Andrew R. Jones will be speaking at the NYSBA NYC Risk Management CLE Program on November 17, 2017

Andrew R. Jones is speaking at the upcoming NYSBA CLE Program on Risk Management and Protecting Your Law Practice. This full-day program, presented by seasoned insurance law practitioners, will provide practical tips to help improve your practice and lessen the possibility of a malpractice claim or grievance. The program includes…

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 30th, 2017

FKB Celebrates Halloween

FKB celebrated Halloween with a Take Your Children to Work Day, filled with treats and pets.

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…

Oct 13th, 2017

FKB’s Patrick J. Brennan gives a presentation at Richmond University Medical Center

FKB’s Patrick J. Brennan gave a presentation to a Pediatric Department Grand Rounds at Richmond University Medical Center on The Stark Law prohibition against physician self-referral, financial conflicts of interest and federal anti-kickback statutes.

Oct 7th, 2017

FKB’s A. Michael Furman Participates in Velocity: Columbia’s Ride to End Cancer

FKB’s A. Michael Furman completed the Velocity Ride on October 7, 2017, Columbia University Medical Center’s cycling fundraiser for the Herbert Irving Comprehensive Cancer Center of Columbia University (HICCC). The Velocity Ride raises funding that will benefit the Herbert Irving Comprehensive Cancer Center’s almost 650 clinical trials and studies, which…

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…

Aug 18th, 2017

FKB’s Andrew Jones and Ashley Glazewski contribute to PLDF’s 50-State Legal Malpractice Privity Survey

FKB’s Andrew Jones and Ashley Glazewski recently contributed to the Professional Liability Defense Federation (PLDF) 2016/2017 Lawyers Professional Liability Claims Committees’ nationwide analysis of privity laws. Click here for the survey. Andrew Jones was elected to the PLDF Board of Directors in 2016. PLDF is a not-for-profit organization designed to…

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 15th, 2017

FKB’s Andrew R. Jones will be a featured panelist at the IADC Professional Liability Roundtable Event on May 18, 2017.

On Thursday, May 18, 2017, FKB’s Andrew Jones will be a featured panelist at the International Association of Defense Counsel Professional Liability Roundtable session entitled: “Socially Unacceptable: Malpractice Exposure and Ethical Concerns with Lawyers’ Misuse of Social Media.“ Andrew will discuss the cutting-edge topic of lawyers’ use of social media platforms like…

May 8th, 2017

FKB’s Andrew R. Jones will be speaking at the NYSBA Trending Topics Affecting Insurance Coverage Program on May 12, 2017

Andrew R. Jones is speaking at the upcoming NYSBA Trending Topics Affecting Insurance Coverage Program on Professional Liability Errors & Omissions (E&O) Insurance. This full-day program, presented by seasoned insurance law practitioners, will explore a number of complex substantive and procedural issues in the insurance coverage area. For more information and to…

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…

Apr 28th, 2017

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…

Apr 18th, 2017

Three FKB partners named 2017 New York Metro Area “Super Lawyers” and seven FKB associates recognized by Super Lawyer’s Magazine as 2017 New York Metro Area “Rising Stars”

Furman Kornfeld & Brennan LLP is proud to announce that Mike Furman, Neil Kornfeld and Patrick J. Brennan have been selected as 2017 New York Metro Area “Super Lawyers.” Furman Kornfeld & Brennan LLP is also proud to announce that seven FKB associates, Rachel Aghassi, Izabell Lemkhen, Florence Lishansky, Benjamin Oxenburg, Shari Sckolnick, Stefanie Singer and Lauren…

Apr 17th, 2017

FKB’s Mike Furman serves as Overall Planning Chair for 2017 New York State Bar Association’s Statewide Legal Malpractice CLE, sponsored by the Trial Lawyers Section, TICL and Law Practice and Management Committee

FKB’s Mike Furman served as Overall Planning and Faculty Chair for the New York State Bar Association’s 2017 Statewide Legal Malpractice CLE, a state-wide seminar (New York City, Westchester, Long Island, Albany and Rochester) that is conducted on a bi-annual basis and focuses on the litigation of legal malpractice actions,…

Mar 11th, 2017

FKB raises over $245,000 for Cycle for Survival – Memorial Sloan Kettering Cancer Center Fundraiser

FKB celebrated its sixth year taking part in Cycle for Survival, on March 11, 2017, as the second largest fundraising law firm nationwide by raising over $42,500 this year for rare cancer research at Memorial Sloan Kettering Cancer Center. Furman Kornfeld & Brennan LLP is proud to have raised nearly $250,000 during its participation in…

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…

Mar 8th, 2017

FKB’s Florence Lishansky and Stefanie Singer were Guest Presenters at the University of California, lecturing professional fiduciaries on Risk Management and Professional Liability Insurance.

FKB’s Stefanie A. Singer and Florence N. Lishansky were invited to speak at the University of California, Riverside, lecturing students professional fiduciaries on Risk Management and Professional Liability Insurance. As part of U.C. Riverside’s Professional Certificate in Professional Fiduciary Management, Florence and Stefanie lectured on several issues affecting professional fiduciaries, including best practices…

Mar 2nd, 2017

FKB’s Stefanie Singer selected to represent the New York County Lawyers’ Association at the United Nations’ 61st Session of the Commission on the Status of Women.

Stefanie A. Singer will represent the New York County Lawyers’ Association (“NYCLA”) at the 61st Session of the Commission on the Status of Women, held at the United Nations Headquarters in Manhattan from March 13, 2017 through March 24, 2017. The Commission on the Status of Women (CSW), a functional…

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…

Feb 15th, 2017

FKB’s Andrew Jones and Ashley Glazewski were Guest Presenters at the University of California, lecturing professional fiduciaries on Risk Management and Professional Liability Insurance

FKB’s Andrew R. Jones and Ashley Glazewski were Guest Presenters at the University of California, Riverside, lecturing San Diego County professional fiduciaries on Risk Management and Professional Liability Insurance. As part of U.C. Riverside’s Professional Certificate in Professional Fiduciary Management, Andrew and Ashley addressed employees of San Diego County on issues affecting…

Jan 25th, 2017

FKB’s Andrew R. Jones Published in NYSBA Winter 2016 Journal

FKB’s Andrew R. Jones’ article: “A Timely Reminder: The Three (3) Year Limitations Period for Legal Malpractice Claims is Not an Absolute Shield for Practitioners Seeking to Recover Legal Fees” was published in the recent NYSBA Winter 2016 Journal. For more information on this area of law or defending attorneys generally, please contact Andrew R….

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…

Nov 4th, 2016

FKB’s Andrew Jones Elected to Professional Liability Defense Federation™ (PLDF) Board

FKB’s Andrew Jones was elected to the Professional Liability Defense Federation (PLDF) Board of Directors on September 29, 2016.  The appointment came following open elections voted for by PLDF Members during PLDF’s Annual Conference in Denver, CO. PLDF is a not-for-profit organization designed to bring together attorneys, claims professionals and…

Oct 1st, 2016

New Disciplinary Procedures for New York Attorneys Take Effect

On Saturday, October 1, 2016, New York implemented new procedures for disciplining attorneys throughout the state.  The rules were adopted in December 2015 by the presiding justices of the four appellate departments and former Chief Judge Jonathan Lippman, based on recommendations by the Commission on Statewide Attorney Discipline appointed by…

Sep 22nd, 2016

FKB’s Mike Furman and Andrew Kowlowitz will be featured lecturers at the New York State Bar Association CLE entitled “Risk Management for Lawyers”

FKB’s Mike Furman and Andrew Kowlowitz will be featured lecturers at the New York State Bar Association CLE entitled “Risk Management for Lawyers.” Mike and Andrew will speak on the topic of “Effective Client Relations and Resolving Attorney-Client Disputes.”  Other topics that will be covered at the seminar involve legal…

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…

Sep 6th, 2016

FKB’s Andrew R. Jones presented at the University of California on Risk Management and Professional Liability Insurance

September 6, 2016: FKB’s Andrew R. Jones was a Guest Presenter at the University of California, Riverside, lecturing students on Risk Management and Professional Liability Insurance. As part of U.C.R.’s Professional Certificate in Professional Fiduciary Management, Andrew addressed students embarking on careers leading towards possibly becoming Professional Fiduciaries.  Full details regarding U.C.R.’s…

Aug 8th, 2016

FKB Client Advisory by Andrew R. Jones

A Timely Reminder: The Three (3) Year Limitations Period for Legal Malpractice Claims is Not an Absolute Shield for Practitioners Seeking to Recover Legal Fees Most practitioners know that there is a three (3) year limitations period to commence a legal malpractice action. However, many are unaware that an action…

Jul 26th, 2016

FKB’s Andrew R. Jones and Jessica Serrano obtain dismissal of a fraud and negligent misrepresentation action against an Insurance Agent in connection with an alleged “illegal” Healthcare Group workers compensation insurance scheme

FKB successfully obtained pre-answer dismissal on a motion to dismiss from Justice Knipel in New York State Supreme Court, Kings County. 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. FKB’s client, a senior,…

Jun 16th, 2016

FKB’s Andrew Jones will be a featured panelist at the American Bar Association’s LPL Young Professionals Event on June 16, 2016

On Thursday, June 16, 2016, FKB’s Andrew Jones will be a featured panelist at the American Bar Association’s LPL Young Professionals Event during the session entitled: “The Counsel and Claims Connection.” Andrew will discuss reporting, budgeting, and providing settlement recommendations for legal malpractice claims. The panel will also explore best…

May 31st, 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 the…

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…

May 2nd, 2016

Three FKB partners are named 2016 New York Metro Area “Super Lawyers” and five FKB associates are recognized by Super Lawyer’s Magazine as 2016 New York Metro Area “Rising Stars”

Furman Kornfeld & Brennan LLP is proud to announce that Mike Furman, Neil Kornfeld and Patrick J. Brennan are selected as 2016 New York Metro Area “Super Lawyers.” Furman Kornfeld & Brennan LLP is also proud to announce that five FKB associates, Izabell Lemkhen, Rachel Aghassi, Stefanie Singer, Shari Sckolnick…

Apr 15th, 2016

FKB’s Stefanie A. Singer obtains dismissal of a legal malpractice action arising out of an underlying personal injury matter

FKB’s client is a prominent New York plaintiff’s personal injury firm. The matter arose from the defendant firm’s representation of a plaintiff (the “Plaintiff”) in a personal injury action involving a slip and fall accident in which the Plaintiff sought substantial monetary damages resulting from an alleged torn ACL, surgery, and…

Apr 2nd, 2016

FKB’s Samantha Cornell, along with others, hosts another fitness and networking event for lawyers and law students On Saturday April 2nd

On Saturday April 2nd, FKB associate Samantha Cornell along with others hosts another fitness and networking event for lawyers and law students. This event will be held at The Reebok Fit Hub UES located at 1132 Third Avenue from 11:00 a.m. – 12:30 p.m. The event will consist of a…

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…

Mar 14th, 2016

FKB participates in 2016 Cycle for Survival- Memorial Sloan Kettering Cancer Center Fundraiser

FKB proudly participated in its fifth “Cycle for Survival,” on March 12, 2016 raising over $50,000 for rare cancer research at Memorial Sloan-Kettering Cancer Center. Furman Kornfeld & Brennan LLP continues the fight against cancer and is honored to support research to help loved ones battling these diseases. To donate-…

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…

Jan 9th, 2016

FKB’s Samantha Cornell hosts first (of hopefully many) fitness and networking event for lawyers and law students

On Saturday January 9, 2016, FKB associate Samantha Cornell along with others hosts the first fitness and networking events for lawyers and law students. This event will be held at Trooper Fitness located at 226 East 54th Street from 11:30am-1:00pm. The event will consist of a 50-60 minute boot-camp style…

Dec 1st, 2015

FKB’s A. Michael Furman, Andrew R. Jones and Bain R. Loucks win an appeal in the Appellate Division, First Department and obtain dismissal of a Legal Malpractice case arising out of an underlying Commercial Real Estate Transaction

The action arose from allegations that FKB’s client (the “Law Firm”) negligently represented the Plaintiff in connection with a $1,050,000 investment in a failed real estate investment in a hotel resort in upstate New York.  Hon. O. Peter Sherwood, J.S.C. of New York County’s Commercial Division, granted FKB’s motion for…

Nov 19th, 2015

FKB’s Andrew Jones is appointed Co-Vice Chair of the Professional Liability Defense Federation’s LPL Committee

The Professional Liability Defense Federation appointed FKB’s Andrew Jones as Co-Vice Chair of its Lawyers’ Professional Liability Committee. The Professional Liability Defense Federation is an association of malpractice defense professionals who work together to promote the successful defense of professional liability claims. The LPL Committee is the PLDF’s largest, with…

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…

Nov 13th, 2015

Mike Furman and Andrew Kowlowitz were featured lecturers at the New York State Bar Association CLE titled “Risk Management for Lawyers

FKB’s Mike Furman and Andrew Kowlowitz both spoke on the topic of “Effective Client Relations and Resolving Attorney-Client Disputes.”  The topics covered at the seminar involved legal malpractice and law firm risk management, including competency in area of practice and insurance considerations, recognizing and handling conflicts of interest – proper…

Oct 20th, 2015

FKB’s Andrew R. Jones Lectures on the Future of Mass Tort Litigation and Related Coverage Issues at Lloyd’s of London Old Library

FKB’s Andrew R. Jones along with two partners from Schiff Hardin LLP’s Product Liability & Mass Torts Practice Group spoke about the future of mass tort litigation in the United States at the Lloyd’s Old Library in London on October 20, 2015. Andrew, along with Paul A. Scrudato and Edward…

Oct 14th, 2015

FKB’s Stefanie A. Singer lectured at the Fall 2015 Washington Association of Professional Guardians (WAPG) Conference in Seattle, Washington

FKB’s Stefanie A. Singer lectured at the Fall 2015 Washington Association of Professional Guardians (WAPG) Conference in Seattle, Washington on October 12, 2015. Ms. Singer presented on the “Best Practices for Mitigating Risk” for professional guardians and suggested methods for avoiding claims, such as: appropriate documentation of case files; identification…

Oct 10th, 2015

FKB’s Mike Furman to speak on the topic of Professional Liability at the 2015 Fall Meeting of the New York State Bar Association’s Torts, Insurance and Compensation Law Section in Orlando, Florida

FKB’s Mike Furman will serve as a panelist on the topic of “Professional Liability/Ethics: Minimize Your Risk with Best Practices” at the Fall 2015 Meeting of the New York State Bar Association’s Torts, Insurance and Compensation Law Section. Mr. Furman will be part of a distinguished panel of speakers, including…

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 Andrew S. Kowlowitz and Stefanie A. Singer publish an article entitled “Reducing Legal Malpractice Risks: Preserving a Statute of Limitations Defense” in the June 2015 edition of the New York State Bar Association Journal

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer recently published an article entitled “Reducing Legal Malpractice Risks: Preserving a Statute of Limitations Defense” in the June 2015 Law Practice Management Issue of the New York State Bar Association Journal. The article analyzes recent case law addressing how and when a…

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…

Jun 10th, 2015

FKB’s Mike Furman and Neil Kornfeld are named 2015 New York Metro Area “Super Lawyers”

Furman Kornfeld & Brennan LLP is proud to announce that Mike Furman and Neil Kornfeld are selected as 2015 New York Metro Area “Super Lawyers.” Mr. Furman is the immediate past chair and a current member of the executive committee of the Trial Lawyers Section of the New York Bar…

Jun 2nd, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer successfully defend against a motion for leave to amend a counterclaim complaint against a New York attorney

FKB recently obtained dismissal of a counterclaim complaint alleging violations of Judiciary Law §487, negligent misrepresentation and various intentional torts. Click here to view In response, the Counterclaim Plaintiffs moved under CPLR 3025(a) for leave to amend their counterclaim complaint against FKB’s client, asserting a new claim sounding in fraud….

May 15th, 2015

FKB’s A. Michael Furman and Andrew S. Kowlowitz win appeal in the Appellate Division, Second Department, affirming the pre-answer dismissal of a legal malpractice action arising from the Bernard Madoff Ponzi Scheme

Furman Kornfeld & Brennan LLP successfully defended an appeal by a conglomeration of individual regional carpenter unions affiliated with employee benefit funds throughout the State of New York, who claimed that their attorneys’ negligent representation caused them to suffer substantial losses as a result of the Ponzi scheme orchestrated by…

May 8th, 2015

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;…

Apr 23rd, 2015

FKB’s Florence N. Lishansky Lectured at the 2015 Annual Professional Fiduciary Association of California (PFAC) Conference in San Francisco, California

FKB’s Florence N. Lishansky Lectured at the 2015 Annual Professional Fiduciary Association of California (PFAC) Conference at San Francisco/Burlingame, California. The Conference took place from April 22-25. FKB’s Florence N. Lishansky hosted two 1-hour Lunchtime Lectures focusing on Top Techniques for Effective Risk Management for professional fiduciaries. Topics discussed included:…

Apr 14th, 2015

FKB’s Andrew R. Jones and Stefanie A. Singer obtain dismissal of a legal malpractice claim in connection with an Attorney’s role as Escrow Agent over an account containing $10.3 million

FKB’s succesfully obtained pre-answer dismissal on a Motion to Dismiss from Justice Jaffe in New York County Supreme Court. The Claimant alleged breach of fiduciary duty and specific performance arising out of FKB’s Attorney/Client’s role as Escrow Agent over an account containing $10.3M, which account is the subject of highly…

Mar 27th, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer obtain voluntary dismissal of a legal malpractice complaint alleging lost pension benefits estimated to be in excess of $1 million

FKB’s client is a prominent New York attorney with extensive experience in state and federal criminal defense. The matter arose from the defendant attorney’s representation of the plaintiff, a police officer who claims he was wrongfully terminated and deprived of his full retirement and pension benefits – damages estimated to…

Mar 20th, 2015

FKB’s Andrew R. Jones and Izabell Lemkhen were featured speakers at the New York State Bar Association’s Statewide Legal Malpractice CLE, sponsored by the Law Practice and Management Committee

FKB’s Andrew R. Jones and Izabell Lemkhen were featured speakers at the New York State Bar Association’s 2015 Statewide Legal Malpractice CLE. Mr. Jones spoke about identifying and responding to professional liability claims, including claim notification and reporting issues, responding to and reporting of potential claims, what is covered under…

Mar 19th, 2015

FKB’s Andrew S. Kowlowitz and Stefanie A. Singer obtain dismissal of a counterclaim complaint alleging fraud, violations of Judiciary Law §487, negligent misrepresentation and various intentional torts

FKB’s client is a solo practitioner with extensive experience in commercial litigation. The matter arose from the defendant attorney’s representation of a corporation (the “Corporation”) in an action for breach of contract against another entity with which it previously had a business relationship. During the course of the defendant attorney’s…

Jan 28th, 2015

FKB’s Mike Furman was honored at the New York State Bar Association Annual Meeting for his service as Chair of the Trial Lawyers Section, 2014-15

FKB’s Mike Furman was presented with a plaque commemorating his service as the Chair of the Trial Lawyers Section of the New York State Bar Association, 2014-15 at the Annual Trial Lawyers/TICL Dinner at Cipriani’s on January 28, 2015. In attendance at the 2015 Annual Trial Lawyers/TICL Dinner were prominent…

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…