The experts were hired, and now plaintiff (whose attorney hired them) says that they were inexpert.  Marks Paneth LLP v Economic Alchemy LLC     2019 NY Slip Op 30532(U)  February 26, 2019  Supreme Court, New York County Docket Number: 60427/2017 Judge: Lucy Billings is determined on sufficiency of pleading grounds.  The fraud claim fails.

“Plaintiff Marks Paneth LLP seeks damages from defendantthird party plaintiff Economic Alchemy LLC, an intellectual property holding company, for its breach of a contract for expert services in a legal malpractice dispute. Economic Alchemy in turn commenced a third party action against third party defendant Law Office of Daniel L. Abrams, PLLC, Economic Alchemy’s former attorney for the legal malpractice action, to recover the expert fees claimed by plaintiff from Economic Alchemy. It  claims that third party defendant misrepresented plaintiff’s 1 expertise, inducing it to retain plaintiff for expert services and to incur fees for services that were never provided or were useless. Third party defendant now moves to dismiss Economic Alchemy’s third party complaint based on documentary evidence, and failure to state a claim. C.P.L.R. § 3211(a) (1) and (7) ”

“Although Economic Alchemy adequately alleges that third party defendant misrepresented plaintiff’s expertise and that Economic Alchemy sustained damages after it relied on these
misrepresentations, it fails to allege any facts supporting the conclusion that third party defendant, somehow, knew its representations were false. The third party complaint’s sole, conclusory allegation that third party defendant knew its representations regarding plaintiff’s expertise were  false lacks the requisite specificity or detail to satisfy C.P.L.R. § 3016(b) ‘s pleading requirement. Nowhere . ‘ does Economic Alchemy allege any facts or present’ any evidence indicating that third
party defendant knew plaintiff lacked expertise regarding utility patents, offering nothing from which the court reasonably may infer third party defendant’s scienter. GE Oil & Gas. Inc. v.
Turbine Generation Servs., L.L.C., 168 A.D.3d 563, 563 , (1st Dep’t 2019); Fried v. Lehman Bros. Real Estate Assoc. III, L.P., 156 A.D.3d 464, 465 (1st Dep’t 2017); MMCT. LLC v. JTR Coll. Point.
LLC, 122 A.D.3d 497, 498 (1st Dep’t 2014) i Giant Group, Ltd. v. Arthur Andersen. LLP., 2 A.D.3d 189, 190 (1st Dep’t 2003). ”

“For these reasons, even though third party defendant’s motion to dismiss the third party complaint based on documentary evidence fails for the reasons explained above, C.P.L.R. § 3212(a) (1) I the court grants third party defendant’s motion to dismiss the third party complaint based on its failure to state a claim of fraud, the single claim alleged. C.P.L.R. §§ 301_6 (b)) 3211(a) (7). This decision constitutes the court’s order and judgment dismissing the third party action. “

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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 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.