Andrew Lavoott Bluestone

The Law Firm of Andrew Lavoott Bluestone opened in 1989. Since then he has 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 he was appointed Adjunct Professor of Law at St. John's University, School of Law.

Andrew Lavoott Bluestone Blogs

Latest from Andrew Lavoott Bluestone

Sure, the attorney made mistakes.  Heck, the mistakes were so bad the Court “excoriated” him.  Good enough yet?  Nope. U Joon Sung v Park  2019 NY Slip Op 30107(U)  January 11, 2019 Supreme Court, New York County  Docket Number: 159279/2015 Judge: Kathryn E. Freed shows that departure is merely the first step in a 4-step dance.  Next?  Proximate cause and “but for” causation.  In a Motor Vehicle setting that means that “serious injury” within the meaning of the…
No privity, no malpractice.  That’s the basic lesson of 97 2nd LLC v Goldberg Weprin Finkel Goldstein LLP      2019 NY Slip Op 30021(U)  January 4, 2019  Supreme Court, New York County Docket Number: 154593/2018  Judge: Arlene P. Bluth.  In this case where a nice piece of property went back and forth between developers, the attorneys obtained dismissal of the legal malpractice claims. “This action arises out of an ownership dispute over plaintiff, a company that used to…
Andejo Corp. v South St. Seaport L.P.  2018 NY Slip Op 33431(U)  December 28, 2018 Supreme Court, New York County  Docket Number: 655410/16  Judge: Shlomo S. Hagler catalogues a large number of fraud and fraud related claims, as well as legal malpractice claims, and discusses the elements and the statute of limitations implications for each of them.  This case concerns a large number of tenants who banded together, with little success, to sue the landlord in the years…
A house leaks.  Has the seller deceived the buyer?  Is the home inspector negligent?  Some, but not all of the questions are answered in Kazmark v Wasyln  2018 NY Slip Op 08990  Decided on December 27, 2018  Appellate Division, Third Department. “In August 2008, defendant Jefferey M. Wasyln (hereinafter defendant) listed his residence for sale and completed a property condition disclosure statement (hereinafter PCDS) answering a series of questions regarding the condition of the property (see Real Property…
The law firm is paid to safeguard escrow deposits in a film industry case.  Proceeds are misapplied and money is said to be missing.  Sue the lawfirm?  But…what about the agreement which states that the law firm in neither required to nor authorized to investigate?  What of the agreement that the escrow shall not be liable absent bad faith or willful disregard? In Worldview Entertainment Holdings Inc. v Woodrow  2018 NY Slip Op 33372(U) December…
The Statute of Limitations for legal malpractice in New York is 3 years under CPLR 214(6).  In New Jersey it might be 6 years, as the AD1 tells us.  However, for a legal malpractice case brought in New York, it has to be started within 3, not 6 years, as plaintiff found out in Soloway v Kane Kessler, PC  2019 NY Slip Op 00026  Decided on January 3, 2019 Appellate Division, First Department. “The court correctly found…
Knox v Aronson, Mayefsky & Sloan, LLP    2018 NY Slip Op 09030  Decided on December 27, 2018  Appellate Division, First Department  Singh, J. points up some recurring issues that take place in matrimonial-legal malpractice cases:  there are often multiple attorneys (6 or more in this case), there are many opportunities for the husband and wife to make their own agreements, the parties often take things into their own hands and bust agreements, and when the case settles, the…
Everyone knows, whether from Law and Order or from popular culture in general that words spoken to an attorney by a client are forever privileged, sacrosanct and private.  As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.  Often, widely held beliefs are simply urban legend. We are proud to present an article on how attorney client privilege plays out in legal malpractice settings…
Utilisave, LLC v Fox Horan & Camerini, LLP  2018 NY Slip Op 33284(U)  December 18, 2018  Supreme Court, New York County  Docket Number: 652318/2014  Judge: Kathryn E. Freed is a complicated case involving rotating ownership of a party in litigation, purchases from the liquidating trustee and 10 lawsuits in multiple states.  Judge Freed eventually rules on summary judgment in what is otherwise a summary decision. “Utilisave is a limited liability company organized in Delaware with its principal place of business…
Legal malpractice is but a child of professional negligence, and medical malpractice is a sibling.  In “Jane Doe” v Sharma  2018 NY Slip Op 28386  Decided on December 1, 2018 Supreme Court, Nassau County  Judge Brown navigates a very unusual medical malpractice case which has several shocking details. “In this highly unusual case, the plaintiff has advanced five causes of action: negligent retention and supervision of the defendant Mohan Sharma; assault, battery and endangerment; intentional; negligent infliction…