Firm News

2015
Dec
01
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 summary judgment, and Plaintiff appealed […]

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Nov
19
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 a focus on preventing and […]

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Nov
16
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 any allegations of negligence with […]

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Nov
15
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 $2 million in past and […]

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Nov
13
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 client intake, effective client relations […]

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Oct
14
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 of conflicts of interest; timely […]

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Oct
10
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 Mirna M. Santiago, Esq. of […]

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Aug
12
FKB’s A. Michael Furman and Florence N. Lishansky obtain dismissal of a legal malpractice claim arising from three separate underlying commercial litigations

This legal malpractice action arises from FKB’s client’s representation of the Plaintiff in three separate litigations over the course of two years. After the Plaintiff failed to remit payment for these legal services, FKB’s client initiated an action to recover unpaid legal fees. In response, the Plaintiff commenced this action against FKB’s client alleging legal […]

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Aug
10
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 the partners – who had […]

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Jun
30
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 after the 2 ½ year […]

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Jun
25
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 and that the defendant failed […]

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Jun
15
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 court will apply the “continuous […]

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Jun
15
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 clearance, which the internist gave. […]

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Jun
02
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. In opposition, FKB argued that: […]

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May
15
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 Bernard L. Madoff and Bernard […]

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May
08
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; · 5/5/15 (1st Dept) res […]

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Apr
23
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: suggested methods for avoiding claims, […]

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Apr
14
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 contentious/protracted/pending other litigation. The Attorney […]

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