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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…

New Law, Judgment Calls and Legal Malpractice

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

Robbins v O’Hara 2025 NY Slip Op 32005(U) June 5, 2025 Supreme Court, New York County Docket Number: Index No. 152842/2022 Judge: David B. Cohen presents the attorney judgment defense in a setting where the Court finds that there is no unsettled or misunderstood law.

“In his complaint, plaintiff alleges that he retained defendants in…

The Appellate Division Wrote The Script and it Played Out As Expected

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

North Flats LLC v Belkin Burden Goldman, LLP 2025 NY Slip Op 32003(U) June 4, 2025 Supreme Court, New York County Docket Number: Index No.150420/2022 Judge: Richard G. Latin is the courtroom equivalent of a Broadway revival where the script was written by the AD and played out on a Supreme Court stage.

“Plaintiff, The…

Maybe The Relationship Ended, Maybe Not

By Andrew Lavoott Bluestone on June 11, 2025
Posted in Uncategorized

Bernstein v Jacobson 2025 NY Slip Op 03173 Decided on May 28, 2025 Appellate Division, Second Department is the story of an attorney-client relationship gone bad. But…had it ended?

“In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Karina E. Alomar, J.), dated…

Asking For the File To Be Returned Is A Tell

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

How to calculate when continuing representation ends is a continuing problem. Does the representation continue until new counsel come into the case? Does it continue until a consent to change attorney is filed? In Wells Fargo Bank, N.A. v Leopold & Assoc., PLLC 2025 NY Slip Op 03220 Decided on May 28, 2025 Appellate Division…

A Pro-Se Attempt At Further Claims Denied

By Andrew Lavoott Bluestone on June 6, 2025
Posted in Uncategorized

Rhttps://www.nycourts.gov/reporter/3dseries/2025/2025_50862.htmotonde v Stewart Title Ins. Co. 2025 NY Slip Op 50862(U) Decided on May 23, 2025 Supreme Court, Westchester County Jamieson, is plaintiffs new try at litigating claims over transfer of the Mamaroneck Beach Realty Group. It fails for a number of reasons.

“In this case, the verified complaint contains five causes of…

A Pro Se Legal Malpractice Case Lost; An Appeal Dismissed

By Andrew Lavoott Bluestone on June 4, 2025
Posted in Uncategorized

Rules concerning legal malpractice litigation are unique, difficult and adhered to. Rules about appellate records are even more specific and adhered to. In Lubin v Arnold E. DiJoseph, P.C. 2025 NY Slip Op 03057 Decided on May 21, 2025 the Appellate Division, Second Department dismissed a pro-se appeal from a pro-se litigation of a legal…

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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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