Judiciary Law 487 is an attorney related statute that derives from one of the oldest English laws, carried over to New York statutes.  It is over 700 years old, in its earliest version.  inBaker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuworth, LLC v Comprehensive
 Mental Assessment & Medical Care, P.C
.; 2011 NY Slip Op 31385(U) ;May 10, 2011
Sup Ct, Nassau County ;Docket Number: 016008/2007; Judge: Ira B. . Warshawsky defines the elements of JL 487 and then finds that a cause of action is stated.

Judiciary Law 487(1) permits injured third parties to recover treble damages when an attorney engages in ‘ any deceit or collusion or consents to any deceit or collusion, with intent to deceive the court or any par. ‘ " The plaintiffs must show evidence of either intent by the defendants to deceive or a chronic and extreme pattern of legal delinquency which proximately caused their damages. Connell v Kerson, 291 AD2d 386 (2 Dept. 2002). "Moreover, the alleged deceit when not directed at a court must occur during a pending judicial proceeding (citations omitted). Elmowitz v McCormick Dunne & Foley, 30 Misc 3d 1209 (A) (Supreme Court New York County 2010), citing Jacobs v Kay, 50 AD3d 526, 527 (1 Dept. 2008); Costalas v Amalfitano, 305 AD2d 202 203-204 (1 st Dept. 2003).

Contrary to Barshay s allegations, the defendants have adequately stated a claim against him to recover under Judiciary Law 487. The defendants have alleged that "(t)he partners failed to provide business records and accounting(s); the partners failed to hand over funds collected on settled cases; (plaintiffs) failed to make timely court and arbitration filings.Checks payable to defendants (were placed) in partner accounts; settlement checks issued by insurance carriers. . . were deposited into Partnership s accounts; plaintiffs compromised defendants ‘ causes of actions , particular in a bulk settlement with AIU Insurance Company, and a bulk settlement with GEICO Insurance Company;  (P)artners took possession of the settlement funds from both Bulk
Settlements;" and that " (P)artners failed to inform defendants of the receipt of funds resulting from both Bulk Settlements. . . (and) deposited settlement funds from Bulk Settlements into (plaintiffs) bank accounts." The defendants have alleged that Sanders & Grossman, P. , Baker Barshay, LLP and the Partnership as well as all of the additional defendants improperly represented to adversaries as well as the courts in the course of judicial proceedings related to their no-fault claims that they represented them and that they had the authority to settle their claims when they did not and that they settled those claims at a significant discounted rate causing them substantial damage. A claim pursuant to Judiciary Law 9 487 has clearly been stated."

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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.