Berger v Lewis Johs Avallone Aviles, LLP 2024 NY Slip Op 05952 Decided on November 27, 2024 Appellate Division, Second Department makes the point that it is not necessary to specifically allege that the alleged malpractice “fell within the agreed
Andrew Lavoott Bluestone
Founded in 1989, The Law Firm of Andrew Lavoott Bluestone has prided themselves in their wide arching practice. From commercial litigation to medical malpractice and real estate to general negligence, Andrew Lavoott Bluestone has assisted clients in various areas. As of 2015, St. John’s University has appointed Bluestone Adjunct Professor in the School of Law.
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Conclusory or Material?
In D’Adamo v Cohen 2024 NY Slip Op 05956 Decided on November 27, 2024Appellate Division, Second Department a legal malpractice case was dismissed because the allegations were too “conclusory,”
“In an action, inter alia, to recover damages for legal malpractice,…
Plaintiff Actually Stated a Cause of Action
In a relatively rare reversal of Supreme Court’s CPLR 3101 dismissal of a legal malpractice case, the Appellate Division, Second Department reversed and remanded Kowalski v Gold Benes, LLP 2024 NY Slip Op 05967 Decided on November 27, 2024.
“The…
Plaintiff’s Judiciary Law 487 and Fraud Allegations Fail
In Grasso v Guarino 2024 NY Slip Op 02692 [227 AD3d 872] May 15, 2024 Appellate Division, Second Department, even allegations that the law firm falsely stated that plaintiff had been sanctioned and a claimed deceitful representation that there were…
Plaintiff says “Forged” Documents, But Court Says No to Judiciary Law 487 Claim
Lutin v Perlberger 2024 NY Slip Op 31879(U) May 29, 2024 Supreme Court, New York County Docket Number: Index No. 158734/2023 Judge: Dakota D. Ramseur discusses how a plaintiff might claim “extortion” when it really means “harassment” and how “forged”…
Another Lesson From An Accounting Malpractice Case
Earlier this week we looked at Lateral Inv. Mgt., LLC v Marcum, LLP 2024 NY Slip Op 33865(U) October 29, 2024 Supreme Court, New York County Docket Number: Index No. 154273/2023 Judge: Joel M. Cohen for a discussion of the…
Multiple Lessons from an Accounting Malpractice Case
Lateral Inv. Mgt., LLC v Marcum, LLP 2024 NY Slip Op 33865(U) October 29, 2024 Supreme Court, New York County Docket Number: Index No. 154273/2023 Judge: Joel M. Cohen has a wealth of issues and lessons. The first principle…
An Unusual Way Out Of Arbitration
Being too poor to arbitrate is a unique way out of arbitration and in Villaver v Paglinawan 2024 NY Slip Op 04159 [230 AD3d 533] August 7, 2024Appellate Division, Second Department allows plaintiff to bring the case back to Supreme…
Unwanted Guardianship and Judicial Estoppel
In a short but sweet explanation, the First Department explains why a client can blame the attorney after following the attorney’s advice and taking a particular position in Ingram Yuzek Gainen Carroll & Bertolotti, LLP v McCullar 2024 NY Slip…
A Pro-Se’s Long Journey to Dismissal
Pro-se litigation against attorneys is not a highly successful process. Legal malpractice rules are complex, and courts are ready to apply collateral estoppel and res judicata. Mehmeti v Karlin 2024 NY Slip Op 05285 Decided on October 24, 2024 Appellate…