In 538 Morgan Realty LLC v Law Off. of Aihong You, PC 2025 NYSlipOp 06639 December 2, 2025 the Appellate Division, First Department parses the responsiblity of several groups of attorneys. Some remain in the case.“Plaintiffs alleged facts permitting a
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.
Latest from New York Attorney Malpractice Blog - Page 6
Punitive Damages on Top Of Compensatory Damages and Legal Malpractice
Lee v Leifer 2026 NY Slip Op 30589(U) February 18, 2026 Supreme Court, New York County Docket Number: Index No. 159786/2020 Judge: Sabrina Kraus brings up the question of why anyone would not answer a complaint.“Around 2004, Plaintiff and nonparty…
Judiciary Law 487, Arbitration and Fraud
Jones Law Firm, P.C. v J Synergy Green, Inc. 2026 NY Slip Op 00840 Decided on February 17, 2026 Appellate Division, First Department is interesting as it covers Fraud, separate Judiciary Law 487 application as well as when a settlement…
Timely Claim, But No Proximate Cause
It’s rare to see a legal malpractice case in Civil Court rather than Supreme Court, if only for the lower jurisdictional damage numbers available. Here, the claim is potentially timely, given a broad view of “continuing representation” but is dismissed…
A $10 Million Insurance Policy, A Beneficiary and Legal Malpractice
Kushakow v Law Offs. of Joseph B. Rosenberg 2026 NY Slip Op 00882 Decided on February 18, 2026 Appellate Division, Second Department is both unusual and familiar in that esate maters and legal malpractice claims almost always start with the…
Are Trends In Another State Enough Evidence for Malpractice?
Borukhov v Roth & Khalife, LLP 2026 NY Slip Op 00575 Decided on February 05, 2026Appellate Division, First Department is a curious case with Sullivan Papain representing appellant. That set aside, the claim is that a personal injury case…
Imposter Real Estate Legal Malpractice (2)
We previously discussed Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107Judge: Eugene D. Faughnan and stopped after a discussion of the fraud claims against all. The attorney defendants…
Real Estate, An Imposter and the Fallout
Giannone v Silvestri 2026 NY Slip Op 30171(U) February 4, 2026 Supreme Court, Tioga County Docket Number: Index No. 2024-00064107 Judge: Eugene D. Faughnan is a classic fraudster story. Property owner acquires title to property in 2014 through a bankruptcy…
Judicial Estoppel in Effect If Not In Name
Judicial estoppel is an equitable doctrine which prevents a litigant from taking a position which is inconsistent with the position it previously took in earlier litigation. Another phrase might be “flip-flopping.”In Lending Assets, LLC v Gerbi 2026 NY Slip Op…
Employee or Independent Contractor? It will make a Difference
It is our anecdotal experience that legal malpractice cases suffer a higher percentage of dismissals at the CPLR 3211 stage than do other types of claims, including medical malpractice. Park W. Exec. Servs., Inc. v Gallo Vitucci & Klar, LLP…