Roth

FACTS AND PROCEDURE

1. Allegations of Original Complaint Roth filed this action against Glickman in April 2011 for legal malpractice and negligent misrepresentation. His complaint alleged as follows. In October 2003, Joseph Fryzer filed an action against Roth and Roth’s former employer, New York Life Insurance Company (Fryzer action). Fryzer alleged he had lost $2.7 million in reliance on false advice he received from Roth about an investment. Roth obtained a jury verdict in his favor in the Fryzer action. After the verdict, in September 2007, Roth filed a malicious prosecution action against Fryzer and his attorneys, among others, for bringing the Fryzer action. Roth’s first counsel in the malicious prosecution action, Steven Klugman, advised him that he had a strong case. Roth met with Glickman two days after Klugman filed the complaint in the malicious prosecution action to discuss Glickman’s associating into the case. At that meeting, Roth informed Glickman of Klugman’s assessment of the case, and Glickman fully concurred with it. Glickman made further representations about his extensive experience with malicious prosecution cases and his opinion of the strength of Roth’s…