There are limits on when a Judiciary Law 487 claim applies, and Nimkoff v Waldbaum2026 NY Slip Op 04203 July 1, 2026 Appellate Division, Second Department holds that one of them is that the attorney who is accused of
New York Attorney Malpractice Blog
The New York Attorney Malpractice Blog, published by Andrew Lavoott Bluestone, focuses on legal malpractice and professional negligence issues within New York State. It covers case law developments, litigation strategies, and procedural aspects related to claims against attorneys for malpractice in various legal fields including criminal defense, civil litigation, contract disputes, and professional responsibility. The blog discusses court decisions involving attorney conduct, client representation failures, and remedies available for clients harmed by legal malpractice. It also addresses related topics such as Judiciary Law §487 claims and procedural rules impacting malpractice litigation. The content reflects Bluestone's extensive experience and board certification in legal malpractice law.
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A Convenience Car Ownership and Insurance
Gruber v Donaldsons, Inc. 2026 NY Slip Op 04182 July 1, 2026 Appellate Division, Second Department is an unusual set up for a legal malpractice case, which involves the car dealership, GEICO, attorneys hired by GEICO and the owner of…
Capacity to Sue and Standing To Sue- Compare and Contrast
Kushakow v Law Offs. of Joseph B. Rosenberg 2026 NY Slip Op 00882 [246 AD3d 885]February 18, 2026 Appellate Division, Second Department mentions but does not really discuss Judiciary Law 487. It does illustrate the problem in estate or elder…
Be Careful With That Attachment, Eugene!
Cyngiel v Krigsman 2026 NY Slip Op 03942 June 24, 2026 Appellate Division, Second Department is an example of what can go wrong with an overreach.“In an action, inter alia, for an accounting, the defendant Rima Krigsman appeals from an…
Money Lost in New York is Not Sufficient for Jurisdiction in New York
Ardent Harmony Fund, Inc. v BDO Trinity Ltd. 2026 NY Slip Op 02090 [248 AD3d 859]April 8, 2026 Appellate Division, Second Department is the story of a mutual fund domiciled in the Cayman Islands who lost money to a group…
No Plenary Action, No Legal Malpractice, No Recusal
There is a certain category of legal malpractice cases which arise when the client recovers a settlement or verdict, but is unhappy with the fees, distributions, liens, or disbursements, and the entire process goes wrong. Maurer v Mickel 2026 NY…
Do Only Dead Children Have Standing to Claim Legal Malpractice?
An extrememly disturbing death of a four-year old is the setting for reevaluation of the quasi-judicial immunity of attorneys for the child/law guardians. Changes in the law and changes in their duties is discussed in Adams v County of Cortland…
Deceit? Maybe. Damages? No.
Oberlander v Simon 2026 NY Slip Op 03450 June 3, 2026 Appellate Division, Second Department is the culmination of years of disputes between Plaintiff and others concerning Felix Sater. “In June 2022, the plaintiffs commenced this action, inter alia, to…
Why Was This Appeal Perfected?
Oberlander v Kriss 2026 NY Slip Op 03449 June 3, 2026 Appellate Division, Second Department is puzzling. While Plaintiff is pro-se, still.“In November 2021, the plaintiffs commenced this action to recover damages for, inter alia, unpaid legal fees, expenses, and…
A CPLR 3211 Dismissal Reversed In A Legal Malpractice Case
Anecdotally, we believe that legal malpractice cases are dismissed on CPLR 3211 motions at a greater frequency than are other professional malpractice or other negligence cases. Here is one dismissal that was reversed, in Gale v Abramowitz . 2026 NY…