Adams v Pulvers, Pulvers & Thompson, L.L.P. 2022 NY Slip Op 30160(U)
January 19, 2022 Supreme Court, New York County Docket Number: Index No. 154594/2021 holds that while the case was timely filed, it does not adequately say that
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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He Was Simply Wrong
In a brisk and unequivocal grant of a CPLR 3211 motion, Justice Borrok makes some sweeping findings of fact in Walk v Kasowitz Benson Torres LLP, 2022 NY Slip Op 50031(U) [74 Misc 3d 1203(A)], Decided on January 20, 2022,…
A Rare Reverse Reversal
It is rare for a CPLR 3211 motion to dismiss a legal malpractice case is denied in Supreme Court and reversed on appeal. That’s what happened in Frydco Capital Group, LLC v Carlton Fields, P.A. 2022 NY Slip Op…
Did It Happen or Not?
Drasche v Edelman & Edelman 2022 NY Slip Op 00044 [201 AD3d 434]
January 6, 2022 Appellate Division, First Department is the story of an offer (or was there really one) which was not accepted, and if it was…
Fraud, Yes Legal Malpractice, No.
Joseph v Fensterman 2022 NY Slip Op 02398 Decided on April 13, 2022 Appellate Division, Second Department is a reversal, in part, of what we believe are all too common legal malpractice CPLR 3211 dismissals.
“In November 2014, the…
A Premature Legal Malpractice Case , Stayed For the Moment
Nexus Captial Invs, LLC v. Fleischmann, 2022 NY Slip Op 30808(U) March 10, 2022 Supreme Court, Kings County Docket Number: Index No. 512222/2021 Judge: Leon Ruchelsman is an example of what to do when the statute of limitation is…
Dual Motions for Summary Judgment, Dual Denials
Alphas v Smith 2022 NY Slip Op 30722(U) March 7, 2022 Supreme Court, New York County Docket Number: Index No. 155790/2015 Judge: Lewis J. Lubell presents the situation in which both plaintiff and defendant file motions for summary judgment, each…
Bad, But Not That Bad
Sanctions? Always a fear. Costs, the same. In Kantrowitz, Goldhamer & Graifman, P.C. v Ayrovainen 2022 NY Slip Op 02256 Decided on April 6, 2022, Appellate Division, Second Department reversed a sanction.
“ORDERED that the decision and order is reversed…
This Time The Appellate Division Applies a Bright Line Rule
When the attorney-client relationship ends, and continuous representation also ends are the subject of a significant number of decisions. The requirements for continuous representation, that there is actual work performed, that there is a continuing relationship of trust and confidence…
Quitting Just Before A Deadline
A recurring issue in legal malpractice is how to deal with the attorney who quits midstream. In medical malpractice cases that often comes just before the 2 1/2 year deadline. The attorney will take the case, work it up, and…