New questions, including those that might have seemed naïve in the past are being asked. How will the pandemic affect representation of injured clients? How will attorneys go about their daily tasks? Will there be new classes of legal malpractice claims as clients suffer negative outcomes? Will force majeure be applied to claims against attorneys
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Coronavirus and Legal Malpractice
By Andrew Lavoott Bluestone on
Posted in Uncategorized
The question will inevitably come up, perhaps in February 2023 whether the negative outcome of a case in March, 2020 was the result of legal malpractice, force majeure or merely inevitable circumstance. Judge Marks has published an extensive direction that all “non-essential” matters be postponed. So, will the failure to make a certain motion be…
The Rare Reversal Of Summary Judgment in a Legal Malpractice Case
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics, Uncategorized
The Second Department rarely reverses summary judgment in a legal malpractice setting. Of that subset of rare reversals, matrimonial legal malpractice is a very small portion. Nevertheless, in Lauder v Goldhamer
2020 NY Slip Op 01152 Decided on February 19, 2020 Appellate Division, Second Department appellant won all around.
“The plaintiff commenced this action alleging,…
This Problem Pops Up Years Later
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Damage from legal malpractice can arise years after the event, and sometimes it is just too bad for plaintiff as we see in Sclafani v Kahn
2019 NY Slip Op 01115 [169 AD3d 846] February 13, 2019 Appellate Division, Second Department where a problem at closing did not manifest itself immediately.
“In January 2015, the…
The Scope of Discovery
By Andrew Lavoott Bluestone on
Posted in Uncategorized
QUEENS: When Plaintiff is searching for important documents in a litigation, may subpoenas be served? What exactly is the scope of discovery of bank accounts and other potentially private information?
45-34 Pearson St. LIC, LLC v Ohana 2019 NY Slip Op 33294(U) September 25, 2019 Supreme Court, Queens County Docket Number: 706833/2016
Judge: Marguerite A.…
Losing the War on a Discovery Issue
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Legal malpractice cases are subject to all the rules. Sometimes they may seem even more subject to the rules than are other case, but in Economic Alchemy LLC v Byrne Poh LLP 2019 NY Slip Op 33739(U) December 20, 2019 Supreme Court, New York County Docket Number: 653632/2015
Judge: Lucy Billings the issue of note…
Bitter, Acrimonious, but Not Deceitful
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Judiciary Law § 487 is a favorite tool to use against attorneys. It is ancient and powerful. However, in Doscher v Meyer 2019 NY Slip Op 08171
Decided on November 13, 2019 Appellate Division, Second Department it was totally inapplicable.
“We agree with the Supreme Court’s determination granting those branches of the respective motions of…
Best Lawyers Lists Andrew Lavoott Bluestone
By Andrew Lavoott Bluestone on
Posted in Uncategorized
We are pleased to announce that Best Lawyers 2020 recognized Andrew Lavoott Bluestone for his work in the area of Legal Malpractice litigation. He has been selected continuously since 2012.
Recognition by Best Lawyers is based entirely on peer review – that is, the consensus opinion of leading lawyers about the professional abilities of their…
Duplication in Causes of Action
By Andrew Lavoott Bluestone on
Posted in Uncategorized
In Jonns v Fischbarg 2019 NY Slip Op 31919(U) July 3, 2019 Supreme Court, New York County
Docket Number: 150729/2017 Judge Kathryn Freed gives a nice cogent explanation of two recurring legal malpractice principles. One is how the statute of limitations is calculated and the other is whether multiple causes of action. We’ll look at…
It’s The Essentials, Part 2
By Andrew Lavoott Bluestone on
Posted in Uncategorized
While it is fine and well to identify a departure from good practice, it is similarly necessary to prove all the elements of legal malpractice. Even more important, it is necessary to follow motion practice and procedures.