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Pump and Dump All The Way to Prison…Legal Malpractice Too?

By Andrew Lavoott Bluestone on July 21, 2017
Posted in Uncategorized

Wimbledon Fin. Master Fund, Ltd. v Weston Capital Mgt. LLC  2017 NY Slip Op 31515(U)
July 17, 2017  Supreme Court, New York County  Docket Number: 653468/2015 as explained by  Judge Shirley Werner Kornreich is the material of a movie.  Here it is in a nutshell:

“This action involves approximately 30 defendants and has already, in…

A Major League Arbitration Tagged Out; Game Goes Into Extra Innings

By Andrew Lavoott Bluestone on July 17, 2017
Posted in Uncategorized

First off, look at the lineup.

Chadbourne & Parke LLP, New York (Thomas J. Hall of counsel), and Cooley LLP, New York

Sidley Austin LLP, Washington, DC (

Sidley Austin LLP, New York

Quinn Emanuel Urquhart & Sullivan, LLP, New York

Kirkland & Ellis LLP, Washington, DC (Paul Clement) , Williams & Connolly, New York…

Judiciary Law 487 is Not For Everyone, Nor Everything

By Andrew Lavoott Bluestone on July 10, 2017
Posted in Uncategorized

The statute, which has been with us in one form or another for more than 800 years does not mention “egregious” nor “chronic” nor a “pattern of delinquent behavior.”  487 is handled differently in the First Department, and in the other Departments, there appears to be a lower threshold for its application.  Here in Gelwan …

Today in the Court of Appeals

By Andrew Lavoott Bluestone on June 28, 2017
Posted in Uncategorized

We are pleased to say that the Court of Appeals answered a certified question in our favor in Gevorkyan v Judelson   2017 NY Slip Op 05176  Decided on June 27, 2017  Court of Appeals
DiFiore, Ch. J. a case we have labored on over the past several years.  In this novel question of law, the…

Did They Actually Withdraw?

By Andrew Lavoott Bluestone on June 19, 2017
Posted in Uncategorized

Attorneys and client have a number of related cases arising out of a real estate transaction.  They are in and out of some of the transactions, and other eventually go sour.  How does the continuous representation doctrine play out in this setting?

In RJR Mech. Inc. v Ruvoldt 2017 NY Slip Op 31232(U)  June 8,…

A Huge Investment Loss, Much Litigation Follows

By Andrew Lavoott Bluestone on June 15, 2017
Posted in Uncategorized

After a multi-million dollar investment suffered some unexpected tax issues, litigation between some legal giants started.  Bloostein v Morrison Cohen LLP  2017 NY Slip Op 31238(U)  June 7, 2017  Supreme Court, New York County  Docket Number: 651242/2012  Judge: Anil C. Singh involves a state supreme court case and at least one arbitration.  The players include…

Win at Trial, Lose on Appeal

By Andrew Lavoott Bluestone on June 14, 2017
Posted in Uncategorized

Gall v Colon-Sylvain  2017 NY Slip Op 04424  Decided on June 7, 2017  Appellate Division, Second Department is the story of a real estate case gone bad, a non-jury trial ending in success for plaintiff and a complete reversal at trial.  How can Supreme Court and the Appellate Division differ so, on the same set…

First Chapter in the Big Queens Legal Malpractice Saga

By Andrew Lavoott Bluestone on June 13, 2017
Posted in Uncategorized

It’s a common enough scenario.  Home buyer (not a professional) wants to buy what looks like a bargain.  Home buyer goes to an attorney and the closing takes place.  Problem?  ECB as judgments against the property which don’t get taken care of, the neighbor has a right to use the driveway and there are structural…

“A” Proximate Cause v. Sole Proximate Cause

By Andrew Lavoott Bluestone on June 7, 2017
Posted in Uncategorized

What, exactly, is the standard by which legal malpractice proximate cause is measured?  Remember, legal malpractice is the sole area of the law in which an additional burden is placed upon the plaintiff:  the “but for” requirement.  New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc.  2017 NY Slip Op 04184  Decided on…

A Huge Tax Deduction Loss and Third-Party Claims

By Andrew Lavoott Bluestone on May 23, 2017
Posted in Uncategorized

Really, the numbers boggle.  Clients collectively lost a $3 Million tax deduction when one of the trustees, without telling anyone else, waived the claim.  A professional malpractice claim followed in 1993 Trust of Joan Cohen v Baum    2017 NY Slip Op 30894(U)  May 2, 2017  Supreme Court, New York County  Docket Number: 150058/2015  Judge: Shirley…

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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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