This lovely 1500 year old phrase starts the case of Long Island Real Props., Ltd. v US Bank N.A.  2019 NY Slip Op 30954(U)  April 2, 2019  Supreme Court, Suffolk County  Docket Number: 621122/2017.   Judge James Hudson quotes the medieval writer Tribonian to the effect that “A great number of unskilled practitioners ruins a Court. (2 Inst. 219)  He then goes on to catalog the errors in a Long Island real estate law suit, weaving in a discussion of Judiciary Law§ 487, itself a 750 year old part of the common law.

“If it is shown that the frivolous behavior misled the Court and was offered for the
purpose of deceiving same, the law provides a stem response. Judiciary Law §487 states in
salient part that ” … An attorney or Counselor who … [i]s guilty of any deceit or collusion, or
consents to any deceit or collusion, with intent to deceive the court or any party .. .is guilty of
a misdemeanor, and in addition to the punishment prescribed therefor by the penal law, he
forfeits to the party injured treble damages, to be recovered in a civil action.”
Liability for attorney deceit existed at New York common law before the first New
York statute governing such behavior was enacted, and thus, is subject to the six year statute
of limitation’s for actions for which no limitation is specifically provided by law (Melcher
v. Greenberg Traurig,LLP, 23NY3d19, 988NYS2d101, 11NE3d174,reargumentdenied
23 NY3d 998, 992 NYS2d 763, 16 NE3d 1241 [2014]). Applicable case law interpreting
Judiciary Law §487 demonstrates that the additional element “intent to deceive” is the factor levating it in opprobrium as compared with 22 NYCRR 130-1.1. (Tenore v. Kantrowitz,
Go/dliamer & Graifman, P.C., 121 A.D.3d 775, 776, 994 N.Y.S.2d 171 (2″d Dept. 2014);
see Lawrence Ripak Co., Inc. v. Gdanski, 143 AD3d 862, 39 NYS3d 223 [2d Dept 2016)). ”

Read the entire decision for Judge Hudson’s description of what he considers to be frivolous litigation.


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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.