Were They Clients or Not?
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
1d ago
Genesis REOC Co., LLC v Poppel 2025 NY Slip Op 30387(U) January 31, 2025 Supreme Court, New York County Docket Number: Index No. 156733/2017 Judge: Melissa A. Crane is a well written guide to a common issue. In complex corporate (or hedge fund) transactions, whom does the attorney represent? Here the issue is whether the ..read more
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A Complicated Lawyer-Trustee Claim
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
3d ago
Peck v Milbank LLP 2025 NY Slip Op 30180(U) January 17, 2025 Supreme Court, New York County Docket Number: Index No. 152290/2022 Judge: Andrew Borrok is a claim involving breach of fiduciary duty and violation of Judiciary Law 487. Several issues were recently decided. “Upon the foregoing documents and for the reasons set forth below ..read more
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The Attorney Fee Dispute Arbitration Exception
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
6d ago
Xiuwen Qi v Hang & Assoc., PLLC 2025 NY Slip Op 30306(U) January 24, 2025 Supreme Court, New York County Docket Number: Index No. 151821/2023 Judge: Mary V. Rosado discusses the exception to mandatory arbitration of attorney fee claims. Here, Plaintiff sued the law firm, and the law firm counterclaimed for fees. Is that counterclaim ..read more
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Very Complicated Corporate Transactions and Breach of Fiduciary Duty
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
1w ago
Dixie v Scheer 2025 NY Slip Op 30167(U) January 11, 2025 Supreme Court, New York County Docket Number: Index No. 654690/2022 Judge: Andrea Masley is a primer on how one corporate entity can take over another. Candidly, the level of detail is greater than can be summarized in this blog. Here are some of the ..read more
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When The Battle Moves to In Limine Motions
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
1w ago
Mazzone v Alonso, Andalkar & Facherhttp://chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.nycourts.gov/reporter/pdfs/2025/2025_30147.pdf, P.C. 2025 NY Slip Op 30147(U) January 15, 2025 Supreme Court, New York County Docket Number: Index No. 152735/2019 Judge: Andrew Borrok is a fascinating look at the pre-trial motion practice and how it can shape a trial. “Preclusion of evidence that Rosa Mazzone was concerned about being terminated ..read more
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The Focus Shifts To Successor Counsel
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
1w ago
In Amoia v Mandelbaum Barrett, P.C. 2025 NY Slip Op 30175(U) January 17, 2025 Supreme Court, New York County Docket Number: Index No. 150936/2024 Judge: Paul A. Goetz, a fairly common scenario is depicted. This oft-repeated trope is found in medical malpractice settings, especially when the need for an expert arises. In medical malpractice claims ..read more
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Gross Negligence in An Accounting Malpractice Case
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
2w ago
We have discussed Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan twice now. It’s very unusual to see a “gross negligence” claim make and rarer still to see it upheld. “In ..read more
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More Highlights From An Accounting Malpractice Case
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
2w ago
Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan came as somewhat of a surprise to read. Not only did a statute of limitations defense in an accounting malpractice suit fail, but ..read more
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A Wealth Of Claims In This Accounting Malpractice Case
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
2w ago
Island Consol. v Grassi & Co., Certified Public Accountants PC 2025 NY Slip Op 30094(U) January 7, 2025 Supreme Court, New York County Docket Number: Index No. 451469/2023 Judge: Margaret A. Chan came as somewhat of a surprise to read. Not only did a statute of limitations defense in an accounting malpractice suit fail, but ..read more
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The Not Well Known Offset Exception to the Statute of Limitations
Andrew Lavoott Bluestone » New York Attorney Malpractice
by Andrew Lavoott Bluestone
3w ago
There is a not-well known exception to the statute of limitations found in CPLR 203(d) which is explained by the Appellate Division, Second Department in Getzel Schiff & Pesce, LLP v Shtayner 2024 NY Slip Op 06186 Decided on December 11, 2024. “In November 2021, the plaintiff, Getzel Schiff & Pesce, LLP (hereinafter GSP), commenced ..read more
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