Wormser, Kiely, Galef & Jacobs, LLP v. Frumkin

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered March 17, 2014, which denied the motion of defendant Jacob Frumkin to dismiss the complaint as against him in his individual capacity, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying Frumkin’s motion to dismiss the complaint as against him in his individual capacity, as the retainer agreement, which supplemented a prior agreement, is ambiguous as to who may be liable for attorneys’ fees (see Hambrecht & Quist Guar. Fin., LLC v El Coronado Holdings, LLC, 27 AD3d 204 [1st…