Matrimonial cases are unlike almost every other kind of case except a criminal plea. Get involved in a car accident and you will likely settle through your attorney with a release and a stipulation of discontinuance. Resolution of a breach of contract will follow the same paradigm, as will a battle over patents. However, settle a matrimonial action and you will be “allocuted” by the judge, and one of the questions will be whether you are satisfied with your attorney’s work. The answer to this question has manyfold consequences, as we see in Valentina v Beckerman 2025 NY Slip Op 04682 [241 AD3d 751] August 13, 2025 Appellate Division, Second Department.

“In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Donna-Marie E. Golia, J.), entered January 6, 2021. The judgment, upon an order of the same court entered December 21, 2020, granting the defendants’ motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and upon an order of the same court also entered December 21, 2020, denying, as academic, the plaintiff’s motion for leave to amend the complaint, is in favor of the defendants and against the plaintiff dismissing the complaint. The notice of appeal from the orders is deemed to be a notice of appeal from the judgment (see id. § 5512 [a]), and the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2021-00617 and not under Appellate Division Docket No. 2021-00618.

Ordered that the judgment is affirmed, with costs.”

“Here, in support of their motion, the defendants submitted, inter alia, a transcript of the court proceeding in the underlying action containing the plaintiff’s allocution conducted by the court regarding the settlement agreement, which conclusively established that the plaintiff was not effectively compelled to settle the underlying action (see Schiller v Bender, Burrows & Rosenthal, LLP, 116 AD3d 756, 757-758 [2014]). The plaintiff’s allegations that she was coerced into settling the underlying action were utterly refuted by her admissions during that proceeding that she authorized the defendants to prepare the settlement agreement, was satisfied with the defendants’ representation, was not forced to enter into the settlement agreement, and was not under the influence of stress or duress (see Glenwayne Dev. Corp v James J. Corbett, P.C., 175 AD3d at 474). Although the plaintiff alleged, among other things, that the defendants failed to obtain temporary maintenance during the pendency of the underlying action, improperly advised her that the court was required to impute income to her, and advised her of the possible pitfalls of proceeding to trial rather than settling, those actions did not proximately cause any injuries to the plaintiff since the underlying action was settled and, in light of the plaintiff’s admissions in the underlying action, the “settlement of the [underlying] action was [not] effectively compelled by the mistakes of counsel” (id. [internal quotation marks omitted]). The fact that the plaintiff subsequently was unhappy with the settlement she obtained does not rise to the level of legal malpractice (see Floral Park Ophthalmology, P.C. v Ruskin Moscou Faltischek, LLP, 216 AD3d 1136, 1137 [2023]; Williams v Silverstone, 215 AD3d 787, 789 [2023]). Accordingly, the legal malpractice cause of action was properly dismissed.

The causes of action alleging fraud, breach of contract, breach of fiduciary duty, and intentional and negligent infliction of emotional distress were properly dismissed as duplicative of the legal malpractice cause of action insofar as they arose from the same facts and did not allege distinct damages (see Incorporated Vil. of Freeport v Albrecht, Viggiano, Zurich & Co., P.C., 226 AD3d 658, 660 [2024]; Kahlon v DeSantis, 182 AD3d 588, 590 [2020]). The remaining cause of action alleging sex discrimination was properly dismissed because such a cause of action arises only where an employer discriminates against an employee (see Rainer N. Mittl, Ophthalmologist, P.C. v New York State Div. of Human Rights, 100 NY2d 326, 330 [2003]; Silvers v Jamaica Hosp., 218 AD3d 817, 819 [2023]) and, in any event, the plaintiff’s allegations with respect to that cause of action were conclusory and speculative (see 126 Main St., LLC v Kriegsman, 218 AD3d 524, 525 [2023]; Tong v Target, Inc., 83 AD3d [*2]1046, 1047 [2011]).”

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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.