It looks like Plaintiff came to dislike Supreme Court, New York County. It wanted out, even after the Court dismissed on summary judgment, without prejudice. They had the chance to re-file there, but instead took the case to Westchester County. Forum shopping? We don’t know. But EB Brands Holdings, Inc. v McGladrey, LLP 2017
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Judiciary Law 487 Article in the New York Law Journal
By Andrew Lavoott Bluestone on
Posted in Legal Malpractice Basics, Uncategorized
We’re proud to present our “Judiciary Law § 487 Suffers an Earthquake” article from today’s New York Law Journal. It discusses the recent sweep of JL § 487 law, including Bounkhoun v. Barnes et al., Case No. 15-cv-631A, which now awaits a decision by District Judge Joseph Arcara whether to accept the recommendation.
A…
Direct and Derivitive Claims in Malpractice
By Andrew Lavoott Bluestone on
Posted in Uncategorized
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…
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…