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Mistakes, Legal Malpractice and the Combination Thereof

By Andrew Lavoott Bluestone on May 3, 2011
Posted in Legal Malpractice News

We are often struck by the human element and how it interacts with the institutional element of litigation.  Schedules are packed, attorneys have many cases, court dates go unrecorded, attorneys just don’t show up for conferences, and yet the cases go on.  We believe that even in a successful case for one side or the…

https://blog.bluestonelawfirm.com/2011/05/legal-malpractice-news/3166/

By Andrew Lavoott Bluestone on May 2, 2011
Posted in Legal Malpractice News

The hiring and firing of attorneys (or their reaction to being fired) is its own field of law.  Collection of legal fees and arguments over whether the client got good value for the monies paid is a constant meme in legal malpractice.

Good cause for termination is not the same as malpractice. Attorney malpractice, the…

Failed Summary Judgment and Some Trench Battling

By Andrew Lavoott Bluestone on April 29, 2011
Posted in Legal Malpractice News

In this medical malpractice case (first cousin to legal malpractice) Judge Lobis of Supreme Court, New York County discusses how a seemingly good defendant’s Motion for Summary judgment fails and why battling about the Note of Issue was a waste of everyone’s time.

DeSantis v Zito  ; 2011 NY Slip Op 31059(U)  ; April 24…

Attorney Fee Litigation and Counterclaims in Legal Malpractice

By Andrew Lavoott Bluestone on April 28, 2011
Posted in Legal Malpractice News

Justice Judith Gische of Supreme Court, New York County presents a primer on attorney fee litigation and the disposition of counterclaims for legal malpractice in Hurley v. Bulah Church of God in Christ Jesus, Inc.  In this case the Church had gone through some hard times.  A pastor was accused of financial wrongdoing, and…

A Federal Primer in Legal Malpractice

By Andrew Lavoott Bluestone on April 27, 2011
Posted in Legal Malpractice News

 ENGLAND and MIDWEST GEMS, INC., -against- . FELDMAN and FELDMAN LAW GROUP, Defendants.11 Civ. 1396 (CM) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK;  2011 U.S. Dist. LEXIS 36382;  March 28, 2011, is as good a primer in the general and substantive laws of legal malpractice as one might read. …

What Does Plaintiff Have to Prove for Legal Malpractice Case?

By Andrew Lavoott Bluestone on April 26, 2011
Posted in Legal Malpractice News

Here’s a fairly simple case.  Plaintiff signs a real estate contract with a mortgage contingency.  If she cannot obtain a mortgage she must give notice.  If she properly gives notice she gets her down payment back.  She hires attorney who negligently fails to give notice.  She does not get her down payment back.  Legal malpractice?…

Much Maneuvering but Little Movement in a Legal Malpractice Case

By Andrew Lavoott Bluestone on April 25, 2011
Posted in Legal Malpractice News

One really can’t tell from the decision, but this appears to be a personal injury – motor vehicle case in NYC with a blown statute.  The decision in Greene v Sager   2011 NY Slip Op 50688(U)   Decided on April 19, 2011   Supreme Court, Kings County   Rivera, J. sets forth the various standards for a summary…

Is There a Secret Statute of Limitations Argument Almost Never Made in Legal Malpractice?

By Andrew Lavoott Bluestone on April 22, 2011
Posted in Legal Malpractice News

We think there is.  It’s hiding inAccess Point Med., LLC v Mandell ;2011 NY Slip Op 30866(U)
April 8, 2011 Supreme Court, New York County Docket Number: 102082/2010

Here is how it goes.  Generally in legal malpractice or in breach of fiduciary duty the statute of limitations begins to run on the date…

A Huge Breach of Fiduciary Duty Case, But Too Late

By Andrew Lavoott Bluestone on April 21, 2011
Posted in Legal Malpractice News

We think that plaintiffs should have been on notice when they were asked to do business with Bill Kidd, but even his name was not a tip-off.  Here’s what happened.  Kidd invested $5 million to start a low-cost durable medical equipment business that was dependent on getting cheep materials from China.  He hired Troutman and…

Minutia Make the Difference in Upstate Divorce-Legal Malpractice Case

By Andrew Lavoott Bluestone on April 20, 2011
Posted in Legal Malpractice News

How does one prove that the settlement was not good enough, given the circumstances? How does one prove that had this or that taken place, that Husband would have paid less, and more to the point, how does one prove that Husband was the victim rather than the beneficiary of the settlement?  It’s all in the…

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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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