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…
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…
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.
Many people take a look at a legal malpractice situation and stop after identifying a departure. In more common language, after finding a mistake, the analysis ends. Failure to identify and have all elements of legal malpractice will lead to failure. Sapienza v Becker & Poliakoff 2019 NY Slip Op 05218 Decided on June 27,…
Expert disclosure in New York is truely a black hole. The statute does not require much by way of naming the expert. You have to give the name and a little bit about what the expert will say. However, the timing is completely up to court discretion. Here is what one plaintiff did in a…
Your attorney negligently steered you into bankruptcy? It could be a good cause of action in legal malpractice. A few technicalities, however. Do you still have standing to sue the attorney? Likely not. In Burbacki v Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP 2019 NY Slip Op 04128 Decided on May 29, 2019 …
Sounds like the start of a joke? This litigation is obviously not a joke for either side. Bois Schiller uses an arbitration clause in their engagement letter, requiring arbitration of anything “arising from or relating to the Engagement” and they will go to great lengths to enforce it. Even this particular billionaire client was unable…
We’re proud to let you know that we’re appearing in the New York Law Journal Outside Counsel Column with an article about the unique attorney-judgment rule, and how it affects legal malpractice litigation. Here is an excerpt:
“Society relies on professionals to guide, to treat, to represent and to know. We place an extraordinary amount…
Not every attorney problem can be shoehorned into a Judiciary Law § 487 format. US Suite LLC v Baratta, Baratta & Aidala LLP
2019 NY Slip Op 02837 Decided on April 16, 2019 Appellate Division, First Department is an example of a partially successful plaintiff’s case which fails on JL § 487.
“Plaintiffs’ complaint here,…
Citing a “strong public policy to dispose of cases on their merits” the Appellate Division First Department reversed in Cornwall Warehousing, Inc. v Lerner 2019 NY Slip Op 02825
Decided on April 16, 2019.
“Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015[a][1]), based on law office failure, as detailed in the affirmation of…
