Jose V. v Smiley & Smiley LLP 2023 NY Slip Op 01367 Decided on March 16, 2023 Appellate Division, First Department is a consolidated
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.
They Were Fired, Nevertheless…
Simmons v Jones Law Group, LLC 2023 NY Slip Op 01316 Decided on March 15, 2023
Appellate Division, Second Department recites some simple and well-settled principles. Nevertheless, interpretation turns on a short and not deeply discussed issue. The client fires you, but the court will not let you go. What to do?
“In February 2014…
Two Decisions, Two Losses for Pro-se Plaintiff
Ankney v Gjoni Law, P.C. 2023 NY Slip Op 30733(U) March 9, 2023 Supreme Court, New York County Docket Number: Index No. 156246/2022 Judge: Lisa S. Headley and Ankney v Gjoni Law, P.C. 2023 NY Slip Op 30734(U) March 10, 2023 Supreme Court, New York County Docket Number: Index No. 156246/2022 Judge: Lisa S. Headley…
Statutes of Limitation and the Covid Tolling Period
The mathematics of calculating the statute of limitations in light of the Covid tolling periods is discussed in Lewner v Dahill 2023 NY Slip Op 30629(U) February 28, 2023
Supreme Court, New York County Docket Number: Index No. 805366/2021 Judge: Leslie A. Stroth. This decision serves as a template in adding days to the underlying…
An Unusual Outcome to Duplicitive Claims
Mensch v Calogero 2023 NY Slip Op 30621(U) February 28, 2023 Supreme Court, New York County Docket Number: Index No. 155795/2022 Judge: Dakota D. Ramseur reaches an unusual outcome where the legal malpractice claim is dismissed yet the breach of contract claim remains viable.
“According to the complaint, on October 9, 2017, plaintiff retained defendant…
Husband’s Case For Legal Fees Not Really Related to Wife’s Case for Legal Malpractice
Aaglane v Sami 2023 NY Slip Op 30636(U) March 3, 2023 Supreme Court, New York County Docket Number: Index No. 151262/2019 Judge: Mary V. Rosado is an interesting variant on the more usual case where Plaintiff is being sued for fees and brings a legal malpractice case against the attorney. In that setting, collateral estoppel…
No One Wins Yet
Golub v Shalik Morris & Co., LLP 2022 NY Slip Op 03888 [206 AD3d 799] June 15, 2022
Appellate Division, Second Department is a pair of cases claiming accounting fees and accounting malpractice. Neither side could demonstrate the lack of material questions of fact.
“In May 2016, Aaron Richard Golub commenced an action in the…
Not Egregious and Too Collateral
Saporito v Branda 2023 NY Slip Op 00968 Decided on February 21, 2023 Appellate Division, First Department is an example of the unsuccessful use of Judiciary Law 487 claims. Courts are quick to dismiss these claims, which are not “lightly given” and rarely successful. Here the claimed deceit was an attorney telling the court that…
Would The Appeal Have Been Successful
Mid City Elec. Corp. v Peckar & Abramson 2023 NY Slip Op 01085 Decided on March 1, 2023 Appellate Division, Second Department cleanly lays out the most unique issue that arises in legal malpractice (and not in other) settings: “But for” the negligence, would there have been a better result? This is the “case within…
Permitted To Be Reinstated After Two Legal Malpractice Judgments
In the Matter of Kehinde Oluwaranti Jobi, Motion No. Case No. 2023-00084
2008-00178 is the decision which permits the attorney who resigned in the face of legal malpractice claims and a disciplinary committee investigation in 1995 to be reinstated if payments on two legal malpractice judgments continue.
“And an order of this Court having been…