In a most ironic turnabout. a law firm is sued for not producing bills.  Often enough, it is claimed that legal malpractice cases start up when a law firm actually bills the client.  Not here, in TufAmerica, Inc. v Warshavsky  2013 NY Slip Op 32690(U)  October 24, 2013  Sup Ct, New York County  Docket Number: 157795/12  Judge: Anil C. Singh.   Plaintiff loses here on the statute of limitations.  Here is the back story:

"Plaintiff TufAmerica, Inc. ("TufAmerica") retained defendant Oren Warshavsky ("Warshavsky"), a New York attorney, to provide legal services beginning in August 1999 in connection with a lawsuit brought by Wardell Quezergue and Joseph Johnson against TufAmerica in federal district court in
New Orleans, Louisiana. Warshavsky also represented TufAmerica in connection with a second suit brought against TufAmerica by the same two plaintiffs in 2002, this one in state court in Louisiana. Warshavsky was admitted pro hac vice in connection with both lawsuits, and entered an appearance as counsel for TufAmerica in both lawsuits. In the federal court suit, the court in a December 11, 2000, decision awarded summary judgment to TufAmerica against another defendant, Joe Jones, for copyright infringement, and awarded TufAmerica its attorneys’ fees as to the claims against Joe Jones only."

When the time came, and TufAmerica had to produce bills so that they could be reimbursed, the bills could not be found.

"On May 31, 2006, plaintiff’s local counsel in Louisiana, Dino Gankendorff, sent the following e-mail to Warshavsky:
Oren:
I am still tring [sic.] to get in touch with you on the motion to compel.
I have called you everyday for almost two weeks now and have not
heard back. We have a hearing on this Friday, June 2, and face a
serious problem. In reviewing the file, we have already agreed to
produce certain documents, see your letter dated June 17, 2005.
Donald Hyatt reports that he never received these docs. nor has our
office. Frankly, I don’t see how I can go to court on Friday and
objection [sic.] to this production when we have already agreed to
produce these documents. In short, I need you to overnight me these
documents referenced in your letter dated June 17, 2006 today so we
can produce them at the hearing on Friday or I feel certain that the
Judge will cast us with attorney’s fees and sanctions. Please let me
hear from you immediately. Thanks  dino
(Pergament Affirmation, exhibit A).
 

"Later that day, Warshavsky replied:

I do not have any documents, and if Tuff City does not have the bills
then there is not much that can be done – sometimes there are no
documents found, and we can only give circumstantial evidence.
Essentially, they want back up data – sorry, it is gone. And the
company that generated the bills, Cobrin & Gittes, ceased operation
in April 2002."

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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.