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Losing Summary Judgment by Veering From the Narrative

By Andrew Lavoott Bluestone on July 18, 2025
Posted in Uncategorized

Medley Mgt., IncLowenstein Sandler, LLP 2025 NY Slip Op 32436(U) July 6, 2025 Supreme Court, New York County Docket Number: Index No. 651987/2022 Judge: Joel M. Cohen is a thoughtfully written grant of summary judgment in a legal malpractice case. Here is the intro:

“At a high level, this case involves a financially troubled client…

Failure to Advise Client of Legal Malpractice Potential Claim

By Andrew Lavoott Bluestone on July 16, 2025
Posted in Uncategorized

In Matter of Blyer 2025 NY Slip Op 04005 Decided on July 2, 2025 Appellate Division, Second Department
Per Curiam., the attorney did a lot of things commented on by the Appellate Division and the Referee. Amongst them was the failure to advise the client of a potential malpractice claim.

“The amended petition contains seven…

Can a Judiciary Law 487 Claim Lie For Acts in Federal Court?

By Andrew Lavoott Bluestone on July 14, 2025
Posted in Uncategorized

Claude Mayo Constr. Co., Inc. v Barclay Damon LLP 2025 NY Slip Op 03897 Decided on June 27, 2025
Appellate Division, Fourth Department chooses to duck this question. Since JL 487 is a NY statute, and requires that deceit take place during a pending litigation, the question of whether litigation in Federal Court meets the…

The Statute of Limitations Is Approaching…What to Do?

By Andrew Lavoott Bluestone on July 9, 2025
Posted in Uncategorized

130 E. 18 Owners Corp. v Axelrod 2025 NY Slip Op 32210(U) June 23, 2025 Supreme Court, New York County Docket Number: Index No. 158632/2024 illustrates the common problem of what to do when the statute of limitations for legal malpractice is approaching yet the underlying case (where the malpractice took place) is not yet…

Buyer’s Remorse or Unauthorized Settlement of A Case?

By Andrew Lavoott Bluestone on July 7, 2025
Posted in Uncategorized

We get little direct description of the legal malpractice claim, but a guess from the decision is that Plaintiff argued that she did not get the settlement bargain that she expected, and that the attorney committed legal malpractice. The decision in Christian v Paul B. Weitz & Assoc., P.C. 2025 NY Slip Op 51001(U) Decided…

Collateral Estoppel No Bar To This Legal Malpractice Claim

By Andrew Lavoott Bluestone on June 30, 2025
Posted in Uncategorized

In Caminero v Michael Flynn, Esq., PLLC 2025 NY Slip Op 03701 Decided on June 18, 2025 Appellate Division, Second Department it is pled that the attorney allowed the case to be dismissed, with prejudice for failure to prosecute an injury claim against the MTA by one of its police officers. Attorney defends by saying…

Mediation Statements Are Privileged, No?

By Andrew Lavoott Bluestone on June 27, 2025
Posted in Uncategorized

It’s still an open question. In Prospect Corp. v Morgan Lewis & Bockius LLP 2025 NY Slip Op 03659
Decided on June 17, 2025 the Appellate Division, First Department shied away from determining whether there is a NY privilege regarding confidential mediation documents.

“In this legal malpractice action, plaintiff Prospect Capital Corporation (Prospect) alleges that…

An Unusual Combination of Attorney Fee Awards and Prior Decisions Governs

By Andrew Lavoott Bluestone on June 25, 2025
Posted in Uncategorized

Alterman & Boop LLP v Emamian 2025 NY Slip Op 32118(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No. 650345/2024 Judge: Nicholas W. Moyne presents an unusual but not unprecedented situation where withdrawing attorneys obtained a decision on their fees. In this employment discrimination case setting, attorney fees were due from…

The Collateral Estoppel Trap in Legal Malpractice

By Andrew Lavoott Bluestone on June 23, 2025
Posted in Uncategorized

Meirowitz v Greenberg 2025 NY Slip Op 32124(U) June 13, 2025 Supreme Court, New York County Docket Number: Index No. 659363/2024 Judge: Paul A. Goetz demonstrates the dangers of charging liens, litigation over attorney fees and a subsequent legal malpractice case.

“In this legal malpractice action defendants, Segal & Greenberg LLP, Margery Greenberg,
and Sara…

A Remarkable Turnaround In A Trust Legal Malpractice Case

By Andrew Lavoott Bluestone on June 20, 2025
Posted in Uncategorized

As one starts to read the decision in Follman v Gruber 2025 NY Slip Op 32078(U) June 6, 2025 Supreme Court, Kings County Docket Number: Index No. 508865/2023 Judge: Richard Velasquez one gets the impression that the defendant attorneys have the upper hand. Read on.

“Upon the foregoing papers, in this action by plaintiff Abron…

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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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