In this case, the court permits client to plead fraud even though legall malpractice is time barred. Why? Unsophisticated client retains attorney for a first time purchase of a business. Attorney undertakes complicated transaction for $ 3000. As soon as the contract is ready, attorney tells client to sign a wavier, and then seems to
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.
Three Strikes in a Legal Malpractice Case
The three year statute of limitations is mostly insurmountable. Clients and attorneys look for ways over, around and sometimes through the principal. Often they do not sauced. In Sun Graphics Corp. v Levy, Davis & Maher, LLP 2012 NY Slip Op 03273 Decided on April 26, 2012 Appellate Division, First Department we are not…
Much Ado and Little Progress in a Legal Malpractice Case
Plaintiff sues Attorney and attorney does not answer the complaint. Attorney then moves to vacate the default judgment that follows. Question is whether the process server correctly served the summons and complaint. Under NY’s complicated service rules, Supreme Court determines that service was good and the AD eventually rules that it was not good. Read…
Collectibility and the “But For” Part of Legal Malpractice
It’s not enough to point out the mistake an attorney has made. It’s not enough to show that your case was resolved for less than it was worth. Even with the additional proof that the defendant was your attorney it is not enough to win a legal malpractice case. Plaintiff must always show that "but…
It May Be A Massive Fraud, But Is It Legal Malpractice
In a multi-million dollar apartment building sale at 108 W. 76th Street, NYC. Defendant attorney Marmon drafts and negotiates the contract of sale, which was executed by the sellers. Contract says that sellers have full power and authority to sell and they expressly represented to buyers that Sharmon Marcus and Stephen Marcus held all of…
When Is Summary Judgment Appropriate in Legal Malpractice Cases?
Global Bus. Inst. v Rivkin Radler, LLP ;2012 NY Slip Op 31057(U); April 16, 2012; Supreme Court, New York County ;Docket Number: 104918/06 ;Judge: Doris Ling-Cohan is a textbook decision on when and how summary judgment is applied in Legal Malpractice. Case is simple. Plaintiff hired Rivkin Radler to negotiate a real estate…
What Exactly Is Looked At in a Dismissal Motion in Legal Malpractice
In Crawford v Himmelstein ; 2011 NY Slip Op 31669(U); Supreme Court, New York County; Docket Number: 115432/10; Judge: Donna M. Mills we see a straightforward analysis of a typical legal malpractice case. Client is being pursued by landlord to give up three apartments, on the basis of owner-personal use. (Put aside why a rent…
The Last Minute Attorney and Legal Malpractice
Of the many aphorisms in law, "not good deed goes unpunished" is a pungent reminder of the Newtonian law that every action creates an equal reaction. Here, in Campbell v Planet Asef Realty 2012 NY Slip Op 50679(U) Decided on April 10, 2012 Appellate Term, Second Department we see a recurring legal malpractice situation in…
Legal Malpractice, Gold Coins and the Daily News
Legal Malpractice litigation is ubiquitous and arises in many interesting and unique settings. In Abramowitz v Lefkowicz & Gottfried, LLP 2012 NY Slip Op 31011(U) April 11, 2012
Sup Ct, Nassau County Docket Number: 015385-11 Judge: Arthur M. Diamond we see legal malpractice litigation after the fallout of contract litigation claims between a company which…
Where Might This Legal Malpractice Case Be Brought?
Legal malpractice litigagnts, as well as most other plaintiffs, would like to bring a case where they live. It’s convenient, it’s more likely favorable, and it’s easier. However, a case which took place in a neighboring state may not be proper to bring in NY. Here is an example. In Paolucci v Kamas
2011 NY…