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Gad v. Kramer Levin Naftalis & Frankel LLP

Law Firm Client Who Signed Settlement Documents Fails to Allege Causation, Damages

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29 were read on this motion to/for DISMISS. DECISION ORDER ON MOTION In this action arising from defendants’ alleged legal malpractice, defendants Kramer Levin Naftalis & Frankel LLP (Kramer Levin), J. Michael Mayerfeld, and Scott S. Rosenblum (together, defendants) move pursuant to CPLR 3211(a)(1) and (a)(7) for an order dismissing plaintiff Albert Gad’s (Albert or plaintiff) verified amended complaint. Plaintiff opposes the motion. Background Albert is a 45 percent shareholder of Almod Diamonds Ltd. (Almod), a closely held New York corporation that is family owned and operated (NYSCEF #13 — amended complaint, 8). Albert’s siblings, Morris Gad (Morris) and Donna Gad Hecht (Donna), own the remaining 45 percent and 10 percent of the shares, respectively (id.). The Gad siblings have been in conflict for years over the control and operations of Almod, and Donna brought a lawsuit in 2014 against Albert, Morris, and Almod in connection with those conflicts (the Donna Litigation) (id.,

9, 16). In April or May 2016, Albert retained defendants for legal advice concerning the business disputes involving his family members, including the Donna Litigation (id.,

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