Caveat:  We can’t figure out this land deal from the News report.  Here it is:

"Developers behind the failed Pendleton Station project are firing back in court documents against allegations that they misused loan money.

Benjamin Daniel Sr., Benjamin Daniel Jr., Elizabeth Daniel and Thomas Daniel, the family members who ran Pendleton Station LLC, Coastal Plains Development, and the project’s major suppliers, denied claims that they misused money from Enterprise Bank of South Carolina and allege that the bank’s top officials were conspiring against them.

“I look forward to seeing what evidence they have to support it,” said Tom Dudley, a Greenville attorney who represents the bank.

Enterprise Bank says the Daniels and their related companies owed it more than $5.5 million at the beginning of the year.

But the family’s court filings say Enterprise Bank refused to allow construction loans on 10 units at Pendleton Station to be closed. Those units would have brought in $1.6 million. Court filings claim that the bank agreed to give Pendleton Station more money if William Spence, chief financial officer at Coastal Plains Development, cosigned for the loan and if the Daniels offered a piece of Daniel Island property worth about $750,000 as additional collateral.

William Cutchin represented the family and Mr. Spence in the transaction, but at the closing he presented sale papers to Ms. Daniel instead of a secured loan.

Under this new deal, the property was to be sold to Mr. Spence for $300,000, and the bank would pay Pendleton Station’s outstanding debts. When the Daniels could repay Mr. Spence, he would convey the land back.

The latter part of the arrangement never made it onto paper. When the family offered to pay Mr. Spence, he refused to sell it back for less than market value, according to court filings.

Mr. Daniel Sr. was hospitalized for cancer treatment at the time, and the filing claims that the bank and other parties involved in the transaction conspired to force Ms. Daniel into a vulnerable position so she would give them the property at less than half its value.

A similar situation occurred with property Mr. Daniel Sr. was developing on Lake Murray called The Club at Plantation Point, according to the family’s filing.

The family also accuses Mr. Cutchin of attorney malpractice for not advising Ms. Daniel during the land transactions. Mr. Henry and Mr. Mathias are charged with conspiracy. "

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Andrew Lavoott Bluestone

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened…

Andrew Lavoott Bluestone has been an attorney for 40 years, with a career that spans criminal prosecution, civil litigation and appellate litigation. Mr. Bluestone became an Assistant District Attorney in Kings County in 1978, entered private practice in 1984 and in 1989 opened his private law office and took his first legal malpractice case.

Since 1989, Bluestone has become a leader in the New York Plaintiff’s Legal Malpractice bar, handling a wide array of plaintiff’s legal malpractice cases arising from catastrophic personal injury, contracts, patents, commercial litigation, securities, matrimonial and custody issues, medical malpractice, insurance, product liability, real estate, landlord-tenant, foreclosures and has defended attorneys in a limited number of legal malpractice cases.

Bluestone also took an academic role in field, publishing the New York Attorney Malpractice Report from 2002-2004.  He started the “New York Attorney Malpractice Blog” in 2004, where he has published more than 4500 entries.

Mr. Bluestone has written 38 scholarly peer-reviewed articles concerning legal malpractice, many in the Outside Counsel column of the New York Law Journal. He has appeared as an Expert witness in multiple legal malpractice litigations.

Mr. Bluestone is an adjunct professor of law at St. John’s University College of Law, teaching Legal Malpractice.  Mr. Bluestone has argued legal malpractice cases in the Second Circuit, in the New York State Court of Appeals, each of the four New York Appellate Divisions, in all four of  the U.S. District Courts of New York and in Supreme Courts all over the state.  He has also been admitted pro haec vice in the states of Connecticut, New Jersey and Florida and was formally admitted to the US District Court of Connecticut and to its Bankruptcy Court all for legal malpractice matters. He has been retained by U.S. Trustees in legal malpractice cases from Bankruptcy Courts, and has represented municipalities, insurance companies, hedge funds, communications companies and international manufacturing firms. Mr. Bluestone regularly lectures in CLEs on legal malpractice.

Based upon his professional experience Bluestone was named a Diplomate and was Board Certified by the American Board of Professional Liability Attorneys in 2008 in Legal Malpractice. He remains Board Certified.  He was admitted to The Best Lawyers in America from 2012-2019.  He has been featured in Who’s Who in Law since 1993.

In the last years, Mr. Bluestone has been featured for two particularly noteworthy legal malpractice cases.  The first was a settlement of an $11.9 million dollar default legal malpractice case of Yeo v. Kasowitz, Benson, Torres & Friedman which was reported in the NYLJ on August 15, 2016. Most recently, Mr. Bluestone obtained a rare plaintiff’s verdict in a legal malpractice case on behalf of the City of White Plains v. Joseph Maria, reported in the NYLJ on February 14, 2017. It was the sole legal malpractice jury verdict in the State of New York for 2017.

Bluestone has been at the forefront of the development of legal malpractice principles and has contributed case law decisions, writing and lecturing which have been recognized by his peers.  He is regularly mentioned in academic writing, and his past cases are often cited in current legal malpractice decisions. He is recognized for his ample writings on Judiciary Law § 487, a 850 year old statute deriving from England which relates to attorney deceit.