Brookwood Cos., Inc. v Alston & Bird LLP 2017 NY Slip Op 00535 Decided on January 26, 2017 Appellate Division, First Department teaches us a number of lessons. Contracting for the government can be big business, and can lead to expensive litigation. Reliance on specific US statutes can resolve a case, but over-reliance may be
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.
More of Last Years JL 487 Cases
We continue the year 2016 survey of Judiciary Law § 487 cases. Be sure to see Prof. Anita Bernstein’s article in today’s NYLJ on vicarious liability and JL § 487.
18. TSR Group, LLC v Levitin 2016 NY Slip Op 31322(U) July 13, 2016 Supreme Court, New York County Docket Number: 651356/2015 Judge: Eileen A.…
Judiciary Law Cases of 2016…Continued
Our survey of all the 2016 Judiciary Law cases continues with:
15. M.T. Packaging, Inc. v Fung Kai Hoo 2016 NY Slip Op 31189(U) June 23, 2016
Supreme Court, New York County Docket Number: 652579/2014 Judge: Cynthia S. Kern A contract case concerning bags and packaging sales was based on a claim that the bags…
Why Do These Folks Get Involved With Workers’ Compensation Trusts?
State of N.Y. Workers’ Compensation Bd. v Wang 2017 NY Slip Op 00057 Decided on January 5, 2017 Appellate Division, Third Department Egan Jr., J., is the story of a trust gone bad. “The Health Care Providers Self-Insurance Trust, a group self-insured trust, was formed in 1992 to provide mandated workers’ compensation coverage to employees…
The Crime-Fraud Exception to Privilege
We started the discussion of attorney-client privilege on Friday. In this case, plaintiff loaned money to corporation, and eventually, the corporation stops paying it back. From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this. Suffice it to say, there are multiple law firms, making multiple…
A Complicated Commercial Case Yields A Comprehensive Guide to Privilege
Clients loan money to corporation, and eventually, the corporation stops paying it back. From there, the UCC-1, Security Agreements and Transfers are simply too complicated for a blog entry such as this. Suffice it to say, there are multiple law firms, making multiple claims against the parties and eachother, and a huge question of attorney-client…
In The Third Round, A Knockout
The danger and beauty of contingent fee arrangements is that this method of risk allocation recognizes that while the attorney may make a large sum of money, there is the attendant risk that there will be no fee at all. For the client, as has been well-recognized over the years, this arrangement allows for representation…
A Decision So Normal that It is Unexpected
Westchester Hills Golf Club, Inc. v Panken 2017 NY Slip Op 30045(U) January 10, 2017
Supreme Court, New York County Docket Number: 155528/2016 Judge: Cynthia S. Kern is a decision on a CPLR 3211 motion in a legal malpractice setting. We have become accustomed to reading 3211 decisions where the Court goes well beyond the…
A Bad Liability Case, A Bad Faith Claim and Legal Malpractice
Taxi jumps a curb and strikes a person simply standing there. Excuse by the licensed taxi driver is that he pushed the gas and brake at the same time. Injured Plaintiff is awarded partial summary judgment and negotiations start from there. Eventually the case is settled well in excess of the policy limits. Is there…
As In Legal Malpractice, So In Accounting Malpractice
There are some differences between legal malpractice and accounting malpractice, but far more similarities. One major difference, as set forth in New York State Workers’ Compensation Bd. v Fuller & LaFiura, CPAs, P.C. 2017 NY Slip Op 00225 Decided on January 12, 2017
Appellate Division, Third Department is that traditionally accountants do work in one…