AmTrust N. Am., Inc. v Pavloff 2022 NY Slip Op 02862 (204 AD3d 599] April 28, 2022 Appellate Division, First Department demonstrates the high bar to a Judiciary Law §487 claim. Deceit is not enough. It must be “egregious.”
“The
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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Sign the Stipulation and Reap the Results
Spiegel v Hawco 2022 NY Slip Op 32431(U) July 21, 2022 Supreme Court, New York County Docket Number: Index No. 159930/2015 Judge: Shlomo Hagler is a legal malpractice case arising from a landlord-tenant matter which went awry after plaintiff…
No Workers’ Compensation, No Legal Malpractice
In Provenzano v Cellino & Barnes, P.C. 2022 NY Slip Op 04749 Decided on July 27, 2022 Appellate Division, Second Department we see an illustration of the “no harm-no foul” spirit of legal malpractice. Sure, an attorney may make a…
An Offer, then Not an Offer
Pruss v AmTrust N. Am. Inc. 2022 NY Slip Op 02884 [204 AD3d 620] April 28, 2022 Appellate Division, First Department seems to be the story of a settlement offer made in good faith, where the offeror only found out…
Already Decided Once and Patently Devoid of Merit
In this odd case, Feng Li v Shih 2022 NY Slip Op 04293 Decided on July 6, 2022 Appellate Division, Second Department Plaintiff is an attorney who was disbarred in New Jersey and suspended in New York. He turns…
Documents Kill the Legal Malpractice Case
Frydco Capital Group, LLC v Carlton Fields, P.A. 2022 NY Slip Op 02619 [204 AD3d 532] April 21, 2022 Appellate Division, First Department is a picture of two wholly different stories. Plaintiff’s story survived a motion to dismiss, only…
Too Late For Some Claims, Not Too Late For Others
Previously, we looked at the Judiciary Law § 487 claims. Legal Malpractice Claims were also brought in Joseph v Fensterman 2022 NY Slip Op 02398 [204 AD3d 766] April 13, 2022
Appellate Division, Second Department.
“Contrary to the plaintiffs’…
Nursing Home Sales and Judiciary Law 487
In an unusually detailed decision, the Appellate Division, Second Department reversed Supreme Court’s dismissal in Joseph v Fensterman 2022 NY Slip Op 02398 [204 AD3d 766] April 13, 2022.
“The Supreme Court should have denied that branch of the…
Errors, Yes, but Inconsequential
Kutzin v Katz 2022 NY Slip Op 04595 Decided on July 14, 2022 Appellate Division, Third Department is an example of the minute detailed examination which is made to the record in a legal malpractice case. Plaintiff loses.
“In…
No Harm, No Foul in Legal Malpractice Setting
Ward v Klein 2022 NY Slip Op 02153 [203 AD3d 1216] March 30, 2022 Appellate Division, Second Department represents the “no harm-no foul” analysis frequently applied to legal malpractice claims. Attorneys are allowed to withdraw from representation and often do. …