Skip to content

Menu

Andrew L. Bluestone logo
HomeAbout UsServicesContact Us
Search
Close

New York Attorney Malpractice Blog

Uncategorized

Subscribe to Uncategorized via RSS

“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…

How Egregious Must The Act Be?

By Andrew Lavoott Bluestone on May 18, 2017
Posted in Legal Malpractice Cases, Uncategorized

Judiciary Law § 487 is a harsh, almost medieval law, with treble damages and a potential criminal conviction lurking.  The Appellate Division has said that it is not lightly granted, and in Brookwood Cos., Inc. v Alston & Bird LLP  2017 NY Slip Op 00535 [146 AD3d 662]  January 26, 2017  Appellate Division, First Department…

Does “The Plaintiff’s then husband” Explain This Case?

By Andrew Lavoott Bluestone on May 11, 2017
Posted in Uncategorized

It seems that when the husband was injured, the defendant law firm sued for both him and the wife (in loss of consortium).  Years later it was said that the plaintiff signed a release for her “loss of services” claim.  She denies settling her portion of the case.  What happened?  Were they now divorced and…

Just How Immediate Was That Benefit?

By Andrew Lavoott Bluestone on May 2, 2017
Posted in Uncategorized

In big financial transactions, big law firm 1 may often interact with big law firm 2 in the generation of loan documents, opinion letters and the such.  Their interaction, viz-a-viz the clients (on both sides) may yield significant risk the law firms.

Bloostein v Morrison Cohen LLP  2017 NY Slip Op 30833(U)  April 21, 2017  …

How Will this Conviction Thing Shake Out?

By Andrew Lavoott Bluestone on April 25, 2017
Posted in Uncategorized

Last week we reported a cataclysmic event in Judiciary Law 487.  It was Magistrate Scott’s report and recommendation  in Bounkhoun v. Barnes, 15-cv-631A. District Judge Richard Arcara is presiding over the case.  He wrote:  “Where does all of the above analysis leave plaintiff? Plaintiff has pled that defendants ignored her desire to settle…

https://blog.bluestonelawfirm.com/2017/04/uncategorized/5672/

By Andrew Lavoott Bluestone on April 24, 2017
Posted in Uncategorized

We wrote about this case last week.  Today the NYLJ writes an article.  What is this all about, and is it an earthquake in the Judiciary Law § 487 world?  Joel Stashenko writes:  “A client dissatisfied with her attorneys’ work in a personal injury case cannot bring a legal misconduct claim under state Judiciary Law…

This Classic Case Was Dismissed…Why?”

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

There can be no more classic case in legal malpractice than that of a passenger who is injured in a car accident, whose attorney fails to start the case.  Nevertheless, Atiencia v Pinczewski, 2017 NY Slip Op 01839  Decided on March 15, 2017  Appellate Division, Second Department was dismissed in Kings County.

The Appellate…

Did This Pro-Se Plaintiff Go Too Far?

By Andrew Lavoott Bluestone on March 20, 2017
Posted in Legal Malpractice Cases, Uncategorized

Sometimes, people get a tad too worked up over the small things.  Ruffalo v Iannace
2017 NY Slip Op 50296(U)  Decided on March 9, 2017  Supreme Court, Westchester County
Marx, J. might be an example.

“Plaintiff moves for an order permitting him to proceed as a poor person and for assignment of counsel in this…

A Federal Take on Judiciary Law 487

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

Sometimes it takes a federal court decision to clarify the current state of the law in a discrete area.

CANON U.S.A., INC., et al, Plaintiffs, v. DIVINIUM TECHNOLOGIES, INC., et al., Defendants. No. 15 Civ. 1804 (PAC). United States District Court, S.D. New York.February 21, 2017.

Judge Crotty neatly sets forth the application of Judiciary…

Post navigation

 Newer PostsOlder Posts 

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.

Read More....

Stay Connected

Subscribe to this blog via RSS View My LinkedIn Profile Twitter

Topics

  • Archives
  • Attorney Malpractice Report
  • Blog Articles
  • Legal Malpractice Basics
  • Legal Malpractice Cases
  • Legal Malpractice News
  • Uncategorized

Archives

Recent Upates

  • A Legal Malpractice – Medical Malpractice -Professional Malpractice Death Case
  • Beneficiary Loses Estate Case on Statute of Limitations Defense
  • In This Cases Between A Member and A Law Firm, the Member Loses (2)
  • In This Cases Between A Member and A Law Firm, the Member Loses
  • Fraudulent Schemes to Take Title to Property, Legal Malpractice and Academic Appeals
Andrew Lavoott Bluestone has earned Lawyer Legion's recognition for Community Leadership
The Law Office of Andrew Lavoott Bluestone
53 Hill Street
Southampton, NY 11968

Phone: (212) 791-5600

Stay Connected

Subscribe to this blog via RSS View My LinkedIn Profile Twitter
Privacy PolicyDisclaimer

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.

Copyright © 2026, Andrew L. Bluestone. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo