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
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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Judiciary Law 487 Dismissal Reversed
Dual Diagnosis Treatment Ctr., Inc. v Yellowstone Capital W., LLC 2026 NY Slip Op 03292 May 27, 2026 Appellate Division, Second Department is one of the rare cases where Supreme Court grants a motion to dismiss a JL 487 claim…
Where The Attorney’s Mistake Binds the Client
In Matter of Mpow Tech. Co., Ltd. v Amazon.com Servs., LLC 2026 NY Slip Op 03273, Decided and Entered: May 26, 2026Index No. 652815/25|Appeal No. 6723|Case No. 2025-05067|(1st Dept 2026), the errors of the attorney are laid against the attorney,…
A Legal Malpractice – Medical Malpractice -Professional Malpractice Death Case
Estate of Brook v Ruotolo 2026 NY Slip Op 32036(U) May 11, 2026Supreme Court, New York County Docket Number: Index No. 805045/2024Judge: John J. Kelley reads like a movie. Well off mother and father engage in proper estate planning, husband…
Beneficiary Loses Estate Case on Statute of Limitations Defense
As is so familiar, legal malpractice cases based upon negligent estate planning often founder on the time lapse between the negligent advice and the unfavorable outcome of that advice. Chester v List 2026 NY Slip Op 02962 May 13, 2026…
In This Cases Between A Member and A Law Firm, the Member Loses (2)
We discussed Zabit v Brandometry, LLC 2026 NY Slip Op 31752(U) April 16, 2026Supreme Court, New York County Docket Number: Index No. 656563/2021Judge: Emily Morales-Minerva on Monday. Here is the balance of the decision.“In this action, as undisputed at oral…
In This Cases Between A Member and A Law Firm, the Member Loses
A very familiar situation in legal malpractice is where one member of an LLC sues the law firm over its representation of the LLC to the member’s detriment. Often the law firm has been hired solely by the LLC and…
Fraudulent Schemes to Take Title to Property, Legal Malpractice and Academic Appeals
The main lesson of Bruce v Solny 2026 NY Slip Op 02815 May 6, 2026 Appellate Division, Second Department is that an amended complaint renders the initial complaint “superseded” and no longer may be appealed. Amendment of the complaint occurs…
Failure to Notify of Settlement Offers and Callous Disregard of the Probability of An Excess Verdict and Legal Malpractice
Stumacher v Medical Liab. Mut. Ins. Co. 2026 NY Slip Op 02734 April 30, 2026 Appellate Division, First Department tells the story of a med malpractice defense which did not end well for the doctor. “Order, Supreme Court, New York…
Counterclaims or Plenary Action?
Berry v Batash 2026 NY Slip Op 01755 Decided on March 25, 2026 Appellate Division, Second Department deals with the question of whether certain claims, Judiciary Law 487 amoungst them, had to be brought as counterclaims, or could they be…