Andrew Lavoott Bluestone

This was an appeal to the 3d Department from the grant of summary judgment against my client. I was hired only to do the appeal. The client was pro-se in Supreme Court. I filed the appeal, got the Record and Briefs accepted and filed, then filed the Reply Brief and argued the appeal in person to the 3d Department. Sadly I was unable to get them to reverse the grant of summary judgment to the attorneys. She had sued her trial lawyers for not getting a high enough verdict in a land-use flooding case. They got her $ 100,000 but she felt it was not enough. So, she sued the attorneys, pro-se. The attorneys successfully moved for summary judgment. The reason that summary judgment was granted to the attorneys is because the client defended it pro-se. She did not use an expert on the motion, she did not put in a statement of material facts and she did not put in a counter-statement of material facts even though they were required. Her opposition was ineffective, and because of those shortcomings, summary judgment was granted. The only avenue for appeal was to argue that the attorneys lacked prima facie entitlement to summary judgment and that it should have been denied even though the pro-se client did not offer an expert nor follow the rules of summary judgment motions. The client mixes up the mistakes made by her in the Summary Judgment motion with what happens on appeal. Of course, all of the motion papers were reproduced and discussed. All of the exhibits were discussed in the 33 page Brief and in the Reply Brief. Client is really unhappy that the judges had many questions and were very suspicious of her failure to use an expert or to follow the rules. I regret that I was unable to convince the 5 Judges that even though the attorneys made a proper summary judgment motion and my client (pro-se) did not put in proper opposition, that summary judgment should nevertheless have been denied. I understand her disappointment. The "abundance of evidence" she talks about was what won her $ 100,000. She wanted more, and I was unable to get the Judges to agree that the attorneys did not deserve summary judgment in their favor.