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The Strategy Defense

By Andrew Lavoott Bluestone on December 19, 2025
Posted in Uncategorized

Nerayoff v Covington & Burling LLP 2025 NY Slip Op 34563(U) November 25, 2025 Supreme Court, New York County Docket Number: Index No. 158208/2024 Judge: Mary V. Rosado, is that avis rara criminal defense legal malpractice case that permits the claim upon a showing of actual innocence. While that structural defense was not deployed or…

22 NYCRR 202.27 and Legal Malpractice

By Andrew Lavoott Bluestone on December 17, 2025
Posted in Uncategorized

While many court conferences are held virtually (and practitioners almost universally relish this change), there are still many in-person, in-court conferences. The single failure of plaintiff’s attorney to attend a conference can be the basis for dismissal of plaintiff’s case, which is certainly a drastic outcome. In Marathon Strategies, LLC v Centennial Props. Inc. 2025…

A Judiciary Law 487 Claim Lost At Trial

By Andrew Lavoott Bluestone on December 15, 2025
Posted in Uncategorized

Not that many Judiciary Law 487 cases go to trial, and fewer are successful. Josephs v AACT Fast Collections Servs. Inc. 2025 NY Slip Op 34427(U) November 18, 2025 Supreme Court, Kings County Docket Number: Index No. 502491-2012 Judge: Peter P. Sweeney was lost at a bench trial.

“The undersigned presided over a bench trial…

A Tangled Web of Attorney Malpractice Claims

By Andrew Lavoott Bluestone on December 12, 2025
Posted in Uncategorized

A case is started and a default in answering takes place. How the balance of the litigation and the dismissal of the claim took place is now the subject of a legal malpractice claim involving multiple law firms in Mei Lan Zhang v Wu & Kao, PLLC 2025 NY Slip Op 34523(U) November 25, 2025…

When Is Severance of Legal Malpractice Claims Warranted?

By Andrew Lavoott Bluestone on December 10, 2025
Posted in Uncategorized

Stfleur v Wallace 2025 NY Slip Op 34502(U) November 24, 2025 Supreme Court, Kings County Docket Number: Index No. 525973/2019 Judge: Ingrid Joseph delves into whether a defendant attorney can get her case severed from the plaintiff’s claims against others.

“In this matter, Denaka L. Perry, Esq. (“Perry”) moves (Motion Seq. 5) for an Order…

Usury Or Not and How the Attorney Might Be Responsible

By Andrew Lavoott Bluestone on December 8, 2025
Posted in Uncategorized

“But for” causation is highlighted in the technical description of a commercial loan and its consequences in Salamone v Deily & Glastetter, LLP 2025 NY Slip Op 04846 [241 AD3d 1078] September 4, 2025 Appellate Division, First Department. Whether the loan was usurious and how the attorneys interacted with the loss of repayment are discussed.…

Was This Attorney’s Claim for Fees “Audacious; ballsy; disingenuous; nervy; brazen; shameless; or greedy”? 

By Andrew Lavoott Bluestone on December 5, 2025
Posted in Uncategorized

In a very (very) unusual kind of opinion, Justice Weinmann of Supreme Court, Erie County holds in Hogan v Van Buren, 2025 NY Slip Op 25259 Decided on October 3, 2025 that a suspended attorney may not seek fees from the clients involved in the litigation which caused his suspension.

“Corey Hogan is a…

Some Claims Still Good, Some Too Late

By Andrew Lavoott Bluestone on December 3, 2025
Posted in Uncategorized

As yet another real estate legal malpractice case, the decision in 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NY Slip Op 06639 Decided on December 02, 2025
Appellate Division, First Department distinguishes between two different (and subsequent) firms.

“Plaintiffs alleged facts permitting a reasonable inference that the liquidated damages clause…

Pre-Action Discovery in a Legal Malpractice Case Prohibited

By Andrew Lavoott Bluestone on December 1, 2025
Posted in Uncategorized

Coyle v Catterson 2025 NY Slip Op 34372(U) November 17, 2025 Supreme Court, New York County Docket Number: Index No. 157161/2025 Judge: James d’Auguste is a kind of celebrity legal malpractice case, in as much as the defendant is a former Court of Appeals Judge who transitioned to a big law position. The underlying case…

“Effectively Compelled To Settle” and The Allocution in Matrimonial Cases

By Andrew Lavoott Bluestone on November 28, 2025
Posted in Uncategorized

Matrimonial cases are unlike almost every other kind of case except a criminal plea. Get involved in a car accident and you will likely settle through your attorney with a release and a stipulation of discontinuance. Resolution of a breach of contract will follow the same paradigm, as will a battle over patents. However, settle…

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About Andrew Bluestone

I opened my own law office in 1989, The Law Firm of Andrew Lavoott Bluestone. During that period I have tried both plaintiff and defendant cases, in general negligence, commercial litigation, medical malpractice, attorney malpractice [both plaintiff’s and uninsured defendants], as well as real estate matters, landlord-tenant matters. In 2015 I was appointed Adjunct Professor of Law at St. John’s University, School of Law.

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About the Firm

The law firm of Andrew Lavoott Bluestone represents litigants in Attorney Malpractice, Professional Malpractice and Civil Litigation.

Mr. Bluestone has achieved Diplomate status by the American Board of Professional Liability Attorneys and is Board Certified* in Legal Malpractice.

Established in 1989, this office has represented clients across New York State.

In 2015 Mr. Bluestone was appointed Adjunct Professor of Law at St. John’s University, School of Law.

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