Privity is an essential element of standing to bring a legal or other professional malpractice claim. Lack of privity reduces the ability to sue (some other person’s attorney) to fraud, malice or collusion. So privity is ultra-important. What happens when a stockholder wishes to sue the corporations attorney? In that case the claim is either
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Melcher To Be Appealed Once Again
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Last week we reported a stunning decision in the Melcher case which gutted its damage claim. Today, Christine Simmons in the New York Law Journal reports that the trial is stayed pending an appeal. It will be the third appeal in the case which has gone up to the AD, to the New York Court…
Architects Are Somehow Different
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Sometimes flamboyant, often visionary, architects are different from the general masses. Celebrity architects often have unique personal style, including unusual eyeglasses. That all aside, architects are granted a higher standard of proof against them in negligence actions, as is described in New York Mar. & Gen. Ins. Co. v Perotto Assoc. Eng’g, P.C., 2017…
Money, Fashion, Greed and Cruelty
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Cases, Uncategorized
Legal malpractice cases encapsulate the entire world. In this short story, money, fashion, greed and cruelty combine into a fairy tail of tragedy. Oleg Cassini was wildly successful. He died in 2006 with an estate of about $ 60 Million. He had a child from an earlier marriage with actress Gene Tierney, which ended…
A Summer of Golden Oldie Judicary Law 487 Cases
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Last week we reported on the reappearance of Dupree v. Vorhees in the Judiciary Law § 487 pantheon. Today, we see that Melcher v Greenberg Traurig LLP 2017 NY Slip Op 31727(U)
August 15, 2017 Supreme Court, New York County Docket Number: 650188/2007 Judge: O. Peter Sherwood has similarly bobbed up.
Melcher has a fascinating…
BEST LAWYERS IN AMERICA
By Andrew Lavoott Bluestone on
Posted in Uncategorized
We are extremely proud to report that Andrew Lavoott Bluestone has again been selected for inclusion in this years edition of The Best Lawyers in America (24th Edition). He has been included since 2012.
No Judiciary Law 487 Claim; No Explanation
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Dec v BFM Realty, LLC 2017 NY Slip Op 05936 Decided on August 2, 2017 Appellate Division, Second Department is a legal malpractice and fraud case dismissed (after a number of years of litigation) in Kings County. It alleged fraud and judiciary law § 487 violation. Summary judgment was granted against Plaintiff. Trying to glean…
Who’s In Charge and May The Attorney Rely on Authority?
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Plaintiff was working in the movie industry. He and the movie company came to a parting, and a separation agreement was produced between him and the company, negotiated by the company’s CEO. Later Plaintiff was not paid his equity investments and did not get certain credits. Board is unhappy with the deal itself, and blames…
Voluntary Payment v. Overbilling in a Legal Malpractice Case
By Andrew Lavoott Bluestone on
Posted in Uncategorized
There is a long history of doctor-lawyer litigations. Often there seems to be a disconnect between the world-views of the protagonists. Lawyers may seem avaricious and doctors naive and pedantic. In Dubrow v Herman & Beinin 2017 NY Slip Op 31545(U) July 21, 2017 Supreme Court, New York County Docket Number: 651605/2016 Judge: Ellen M.…
Maintenance or Repair? It Really Makes A Difference in this Legal Malpractice Case
By Andrew Lavoott Bluestone on
Posted in Uncategorized
Under Labor Law §240(1) a person may prevail in litigation if injured “during the “erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure” (Labor Law § 240[1]; see Moreira v Ponzo, 131 AD3d 1025, 1026; Enos v Werlatone, Inc., 68 AD3d 713, 714). In determining whether a particular activity…