Motion practice, expecially cross-motion times have been changed.

 

 "Section 1. Subdivision (b) of rule 2214 of the civil practice law and rules, as amended by chapter 177 of the laws of 1984, is amended to read  as follows:  (b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the  time at which the motion is noticed to be heard. Answering affidavits  shall be served at least two days before such time. Answering affidavits  and any notice of cross-motion, with supporting papers, if any, shall be  served at least seven days before such time if a notice of motion served  at least [twelve] sixteen days before such time so demands; whereupon  any reply or responding affidavits shall be served at least one day  before such time. 

 § 2. Rule 2215 of the civil practice law and rules, as amended by 14 chapter 132 of the laws of 1980, is amended to read as follows:  Rule 2215. Relief demanded by other than moving party. At least three  days prior to the time at which the motion is noticed to be heard, or  seven days prior to such time if demand is properly made pursuant to  subdivision (b) of rule 2214, a party may serve upon the moving party a  notice of cross-motion demanding relief, with or without supporting  papers; provided, however, that:  (a) if such notice and any supporting papers are served by mailing, as  provided in paragraph two of subdivision (b) of rule 2103, they shall be  served three days earlier than as prescribed in this rule; and 

 (b) if served by overnight delivery, as provided in paragraph six of  subdivision (b) of rule 2103, they shall be served one day earlier than  as prescribed in this rule. Relief in the alternative or of several 4different types may be demanded; relief need not be responsive to that  demanded by the moving party. 

 § 3. This act shall take effect immediately; provided, however, that  this act shall apply to a notice of motion served on or after the date  on which this act shall have become a law."

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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.