Judge Read has written the second earth shifting opinion on Judicary Law 487. As she writes, "Judiciary Law § 487 exposes an attorney who "[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party" to criminal (misdemeanor) liability and treble damages
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.
It’s Definite! The Statute of Limitations for Judiciary Law 487 is 6 years
Judge Read has written the second earth shifting opinion on Judicary Law 487. As she writes, "Judiciary Law § 487 exposes an attorney who "[i]s guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party" to criminal (misdemeanor) liability and treble damages…
The Documents Are Insufficient…But the Case is Still Dismissed
Motions to dismiss under CPLR 3211 generally start with an (a)(7) motion and then continue with an (a)(1) motion. Sometimes there is a statute of limitations or more esoteric argument to be made. In Citidress II Corp. v Tokayer 2013 NY Slip Op 02369 [105 AD3d 798] April 10, 2013
Appellate Division, Second Department the…
The Documents Are Insufficient…But the Case is Still Dismissed
Motions to dismiss under CPLR 3211 generally start with an (a)(7) motion and then continue with an (a)(1) motion. Sometimes there is a statute of limitations or more esoteric argument to be made. In Citidress II Corp. v Tokayer 2013 NY Slip Op 02369 [105 AD3d 798] April 10, 2013
Appellate Division, Second Department the…
Big Firms, Big Case, Big Headache
The business of legal representation in real estate transactions has buoyed law firms since the Magna Carta. It is not a completely carefree practice, as Haberman v Xander Corp. 2012 NY Slip Op 31645(U) June 11, 2012 Sup Ct, Nassau County Docket Number: 021508/10 Judge: Randy Sue Marber demonstrates:
"It appears from the Third-Party…
What That Stipulation Actually Means
A stipulation to answer or respond to a complaint covers a motion to dismiss as well as any other possible "response." So the pro-se plaintiff found in Bob v Cohen 2013 NY Slip Op 02499 [105 AD3d 530] April 16, 2013 Appellate Division, First Department. After defendants were permitted to move to dismiss, the AD…
The Professionals Duke It Out in Legal Malpractice
This case illustrates what happens when defendants and third-parties are fighting, while plaintiff remains on the sidelines, enjoying a brief respite. When this happens in a legal malpractice case, the spectacle of legal malpractice defense firm arguing with a legal malpractice defense firm over technical dismissals is a touch ironic.
Balkheimer v Spanton 2013 NY…
Overbilling, Harassment and Legal Malpractice
The Appellate Division, First Department writes a short and pungent decision on an overbilling case. In Chowaiki & Co. Fine Art Ltd. v Lacher 2014 NY Slip Op 01992 Decided on March 25, 2014 Appellate Division, First Department dismissal of certain of the claims are affirmed, and some are permitted to continue. Unjust enrichment…
A House Sale Goes Wrong. Was the Attorney to Blame?
We’ve recently reported on a legal malpractice in a $25 Million real estate project, as well as in a $ 40 Million re-insurance deal. Here, plaintiff feels no less stung in a single house real estate transaction gone bad. Was the attorney to blame? So far the case avoided dismissal under CPLR 3211. Whether it…
When May One Begin a Legal Malpractice Case?
A persistent problem in legal malpractice (and in accounting malpractice) cases is the delayed damages issue. Put simply, attorney advises on how to accomplish a goal and prepares papers on January 2. Client uses the advice and paperwork to start a process and the other side resists. Litigation ensues and 4 years later the other…