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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Andrew Lavoott Bluestone

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Schlam Stone & Dolan LLP v Toussie  2020 NY Slip Op 06874 Decided on November 19, 2020 Appellate Division, First Department is an example of how the account stated doctrine works for attorneys. “Plaintiff was entitled to summary judgment on its account stated claim, as it submitted documentary evidence showing that defendant Robert I. Toussie had “received and retained the invoice[s] without objection” (Perine Intl. Inc. v Bedford Clothiers, Inc., 143 AD3d 491…
Flintlock Constr. Servs., LLC v Rubin, Fiorella & Friedman, LLP  2020 NY Slip Op 06711 Decided on November 17, 2020 Appellate Division, First  Department seems to be a case that could have been won, it it had been brought in 2016 rather than in 2018. “Plaintiff, a general contractor, entered into a construction agreement with nonparty Well-Come Holdings, Inc. to perform construction and excavation work on property owned by Well-Come. In 2004 an adjacent property…
Jewell Law, PLLC v Ruci  2020 NY Slip Op 33648(U) November 3, 2020 Supreme Court, New York County Docket Number: 655702/2019 Judge: Arthur F. Engoron displays some unique inductive reasoning, and some conventional legal reasoning.  Breach of Fiducary duty is dismissed in an unconventional matter.  Legal malpractice is more conventionally decided. “This Court finds that the breach of fiduciary duty claim is duplicative of the legal malpractice claim as they seek identical relief, namely,…
Hudson Yards LLC v Segal  2020 NY Slip Op 06353 Decided on November 05, 2020 Appellate Division, First Department is another case in which the brutal “but for” causation rule in legal malpractice ends a case. “To recover damages for legal malpractice, the plaintiff must establish that the attorney (1) “failed to exercise that degree of care, skill and diligence commonly possessed and exercised by a member of the legal community” and (2) that “such…
Olsen v Smith 2020 NY Slip Op 06214 [187 AD3d 675] October 29, 2020 Appellate Division, First Department is a familiar trope.  Supreme Court and the Appellate Division look over a pro-se complaint and find it wanting. “In this action for legal malpractice, plaintiff alleges that defendants’ mishandling of her defense in a Family Court proceeding brought against her by nonparty John Doe resulted in her settling a separate civil action and other disputes with…
In this case, the claim was that the attorney should have inquired about insurance that Plaintiff had, rather than taking the case and charging the client for representation that the insurance company would have provided. The jury found otherwise.  in Cohen v Sive, Paget & Riesel, P.C.,  2020 NY Slip Op 06050 [187 AD3d 634] October 27, 2020  the Appellate Division, First Department affirmed. “The jury’s verdict that defendant did not commit legal malpractice…
Plaintiff hired Defendant attorney to represent him in both a criminal and a civil matter.  The civil matter went wrong, and Plaintiff sued.  Defendant argued that you may not sue a criminal defense attorney absent a showing of “actual innocense.”  True enough, but… “The court properly denied the motion to dismiss the first cause of action for legal malpractice. Plaintiff adequately plead that defendant, who was retained to represent him in a criminal matter, owed…
Plaintiffs often wonder how their damages are computed.  One possible element of damages are the legal fees spent in defense of the underlying case. This is the central lesson of Rudolph v. Shayne Dachs  and it is the less of 83 Willow, LLC v Apollo 2020 NY Slip Op 05843 [187 AD3d 563] October 20, 2020 Appellate Division, First Department as well. “For purposes of the motion, defendant does not dispute that his alleged failure…
Plaintiff had a collission with a Nassau County bus.  Legal representation by the first two attorneys caused him to lose any opportunity to sue.  Whom might be responsible? Buxton v Zukoff  2020 NY Slip Op 33426(U) October 16, 2020  Supreme Court, New York County Docket Number: 160223/15 Judge: Lynn R. Kotler discusses the Notice of Claim, the Motion to file a Late Notice of Claim, Successor counsel rules and a whole lot more. “In this…
MVNY Holdings v Esses Law Group, LLC  2020 NY Slip Op 33380(U) October 15, 2020 Supreme Court, New York County Docket Number: 153853/2019 Judge: Carol R. Edmead ended very badly for plaintiffs.  Not only did they lose a slew of money in the underlying real estate transaction, but they found out when they went to sue the defendant attorneys that they lacked standing!  Judge Edmead explains: “The lack of an attorney-client relationship bars a legal…