Pick & Zabicki LLP v Wu 2017 NY Slip Op 30687(U) April 4, 2017 Supreme Court, New York County Docket Number: 155702/2016 Judge: Gerald Lebovits is interesting because, although a generic attorney-fee claim with generic defenses, it is a very complete generic listing. So, read this case for the long discussion of 20 affirmative defenses
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.
The Rare Legal Malpractice Trial and Even Rarer Defenses
Hattem v Smith 2017 NY Slip Op 02872 Decided on April 13, 2017 Appellate Division, Third Department is a rare legal malpractice tried to verdict. It involves the sale of a business and the aftermath. Even more rare were the “comparative fault” and “mitigation of damages” defenses. Here is how the Third Department explains:
“Plaintiff…
Solve This Riddle
One sentence in 3rd & 6th, LLC v Berg 2017 NY Slip Op 02768 Decided on April 12, 2017
Appellate Division, Second Department opinion says two things. When does the statute of limitations commence? When the negligent act takes place or when all the elements come together?
“An action to recover damages arising from legal…
Good Idea…Not Enough Evidence
Overbilling by an attorney as the basis of a breach of fiduciary duty claim. It’s a good idea. The Breach claim will not be dismissed as duplicitive, a positive finding leads to significant damages. All-in-all not too bad?
In Genesis Merchant Partners, LP v Gilbride, Tusa, Last & Spellane LLC
2017 NY Slip Op 02753 …
Some Basics on Fees and Judiciary Law 475
We go on and on about Judiciary Law 487, but today’s post is about a different statute, Judiciary Law 475, which regulates attorney fees. Here are some basics: There has to be a settlement in open court and no signed writing reflecting that the client authorized the purported settlement. Hence, no lien.
In Architect’s Malpractice Cases Time Is Measured Differently
In legal malpractice, the statute of limitations commences with the negligent act, which may be tolled for continuous representation. With architects it is different, as shown in New York City School Constr. Auth. v Ennead Architects LLP 2017 NY Slip Op 02387 Decided on March 28, 2017 Appellate Division, First Department.
“On this CPLR 3211(a)(5)…
A Lenient View of Continuous Representation
Continuous representation tolls the running of the statute of limitations, and requires the dual mutual understanding that more work is required to be undertaken after the act of malpractice, and that there continues to be a relationship of trust and confidence between attorney and client.
Everyone agrees on those two principles, but the application can…
A Massive Fraud; A Legal Malpractice Claim Too Late
A massive stock fraud involving Chinese coal, and a US stock offering involved an opinion letter by defendant law firm. The opinion letter overlooked a red flag, a huge red flag. Nevertheless, too much time went by, and the claims were all dismissed on the statute of limitations and duplicitive pleading.
Sometimes Older Cases Age Like Fine Wine
Schiller v Bender, Burrows & Rosenthal, LLP 2014 NY Slip Op 02422 [116 AD3d 756] April 9, 2014 Appellate Division, Second Department is a case in which plaintiff argued that he was misled by his matrimonial attorneys and settled the case in a situation where he was “effectively compelled” to settle. The AD did not…
What Exactly Is Covered by Malpractice Insurance?
Vogel v American Guar. & Liab. Ins. Co. 2017 NY Slip Op 02462 Decided on March 29, 2017 Appellate Division, Second Department is the story of a fight between a law firm and its insurer, which will be going to trial. Did the carrier have to defend this case of legal malpractice which arose…