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Would This Case Be Decided Differently Today?

By Andrew Lavoott Bluestone on April 12, 2024
Posted in Uncategorized

Now that Urias v. Buttafuoco, has been decided by the Court of Appeals would Gelwan v De Ratafia 2023 NY Slip Op 32953(U) August 25, 2023 Supreme Court, New York County
Docket Number: Index No. 654525/2016 Judge: David B. Cohen have been decided differently as to the Judiciary Law 487 claim?

In Urias, the Court…

A Conflict Perhaps; Judiciary Law 487 Violation, No

By Andrew Lavoott Bluestone on April 10, 2024
Posted in Uncategorized

Jones Law Firm, P.C. v J Synergy Green, Inc. 2024 NY Slip Op 31127(U) April 2, 2024
Supreme Court, New York County Docket Number: Index No. 653730/2023 Judge: Lyle E. Frank illustrates the principle that while there may be a Code of Professional Conduct violation, there must be a proximate connection with pecuniary damages to…

Real Estate and Legal Malpractice in New York

By Andrew Lavoott Bluestone on April 5, 2024
Posted in Uncategorized

Legal malpractice claims frequently arise over real estate. in Mandour v Rafalsky
2024 NY Slip Op 31086(U) April 1, 2024 Supreme Court, New York County
Docket Number: Index No. 651819/2022 Judge: Andrea Masley there is the added (frequent) dispute between siblings with death and incompetency issues thrown in.

“Plaintiffs Nariman M. Mandour, as both beneficiary…

Unlike Attorneys, Sometimes a 6-Year Statute of Limitations for Architects

By Andrew Lavoott Bluestone on April 3, 2024
Posted in Uncategorized

Under CPLR 214-6, and according to the ensuing court decisions, any claim against an attorney, whether purely in contract, in fraud or for professional negligence is subject to a 3-year statute of limitations. This legislative fix took place after the Court of Appeals permitted a 6-year statute of limitations in contract claims. For architects, it…

Accounting Firm v. Accountant’s Malpractice Defense Firm

By Andrew Lavoott Bluestone on March 29, 2024
Posted in Uncategorized

It’s unusual to see a firm like Marcum LLP suing its attorneys. In this particular setting, the claim was rejected by the Appellate Division.

In Marcum LLP v L’Abbate, Balkan, Colavita & Contini, L.L.P. 2023 NY Slip Op 06443 [222 AD3d 486] December 14, 2023 Appellate Division, First Department the accounting firm claimed that its…

A Moving Target in a Motion Picture

By Andrew Lavoott Bluestone on March 27, 2024
Posted in Uncategorized

Serafini Releasing LLC v Gray 2024 NY Slip Op 30863(U) March 13, 2024
Supreme Court, New York County Docket Number: Index No. 655579/2021
Judge: Melissa A. Crane is that rare New York legal malpractice case arising out of the making of a film. Here, Plaintiff has several scenarios at play against the attorney and, in…

A Bad Faith and Legal Malpractice Case Avoids Dismissal

By Andrew Lavoott Bluestone on March 25, 2024
Posted in Uncategorized

The now bankrupt defendant in a personal injury case is suing her insurance carrier and her defense attorney after they failed to settle the case once summary judgment had been awarded to the injured party in Pergament v Government Empls. Ins. Co. (“GEICO”) 2024 NY Slip Op 01568 Decided on March 20, 2024 Appellate Division…

An Enormous Real Estate Legal Malpractice Case Almost Entirely Dismissed

By Andrew Lavoott Bluestone on March 22, 2024
Posted in Uncategorized

Sebco Dev., Inc. v Siegel & Reiner, LLP 2024 NY Slip Op 50292(U) Decided on March 20, 2024 Supreme Court, Bronx County Gomez, J. is the kind of legal malpractice case that comes up often enough to support the idea that real estate in NYC is a paramount, driving economic force, and that the extensive…

The New York Court Of Appeals Renders A Major Judiciary Law 487 Opinion

By Andrew Lavoott Bluestone on March 20, 2024
Posted in Uncategorized

The Court of Appeals addresses Judiciary Law 487 questions infrequently, and each of its decisions tends to be broadly transformative. Urias v Daniel P. Buttafuoco & Assoc., PLLC 2024 NY Slip Op 01497 Decided on March 19, 2024 Court of Appeals Halligan, J. is no exception. It harmonizes and simplifies one of the major embellishments…

What Happens in Texas Stays in Texas

By Andrew Lavoott Bluestone on March 18, 2024
Posted in Uncategorized

Musial v Donohue 2024 NY Slip Op 01414 Decided on March 15, 2024 Appellate Division, Fourth Department is a law school example of the territorial effect of jurisdiction and due process. A Texas law firm prosecutes a Texas motor vehicle accident in Texas, and is not subject to a New York legal malpractice case for…

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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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