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!1 u SUPREME COURT OF THE STATE Off NEW YORK ' ~ COUNTY OF IA,IFi•u (I GERALD W. ROLL, - - Index No. 257/78 Plaintiff, - -against- - - VERIFIED COMPLAINT ~; ERIC M..11AVITS and JAVI''!'S & JAVITS, I I AT'TOR.N EYS, Defendants. -x I I Plaintiff, GERALD W. ROLL, representing himself, herein con- plaining of the defendants respectfully alleges as follows: FIRST: That, at alt times hereinafter mentioned, plaintiff was and still is a resident of the State of New York. - SECOND:- That, upon -information and belief and at all times hereinaRel mentioned and sometime subsequent to February, 1974 and prior to May, 1974, the defendant, Eric M. Javits, required of, and induced the plaintiff to divulg I- t--~~-. certain information-to him relative to a certain proposed lawsuit against f~ ~ ~ C! ~~ Howard A. Marwin, a salesman who worked for the plaintiff in the operation 4 C.3 {i O I mentioned, defendants are attorneys duty admitted to practice law in the State i of New York.- I THIRD: That, on or about the 25th day of February, 1974, the plaintiff retained and employed the defendants to represent plaintiff as his attorneys a reement in many diverse matters and defendants accepted the retainer and undertook to represent the plaintiff. - I I FOURTH: That, upon inbrmatton and-belief and at all times hereinafter I

of his business known as Roll Sign Corp. and G. W. Roll Co., Inc., and induced plaintiff to allow the defendants to disclose aforesaid information to - Preston Robert Tisch, an officer and direcbor of Loew's. Inc. which sub- I sidtary, Loriliard, Inc. was the mainstay of plaintiff's business. FIFTH: That, upon information and belief and at all times hereinafter preambie to instituting aforesaid litigation and promised the plaintiff that it could be settled much more expeditiously if the plaintiff-apprise the Loew's- corporation of a certain alleged bribery situation-involving this salesman and an employee of Loew's corporation. - SEVEIVTHs That upon , information and belief and at all times hereinafter mentioned, -defendant advised plaintiff-that he would preserve the conftdences and secrets of the plaintiff and that plaintiff could rely upon the sa-me guaran- tee if this information be divulged to Robert Preston Tisch, -President of Loew's Corporation. mentioned, defendant Eric M. Javits, advised plaintiff to divulge this infori mation under false pretenses disguised as atactt.cal maneuver and as a i) if mentioned and sometime subsequent to February, 1974, and prior to Aprtl, 1974, this information was publicized by this defendant attorney and aforesaid! rporate principle and other principles of Loew's corporation* EIGHTH: That, upon infbrmation: and belief and at all times hereinafter mentioned, thereafter, as a result of the divulgence of plaintiff's confidential communications by this defendant attorney, the plaintiff was placed in a darkened environment in which the business world refused to approach Pla=f or do business with platntifP.

I mentioned, defendant attorney elicited this aforesaid information from- the NINTH: That, upon information and belief and at all times hereinafter ' plaintiff under false pretenses and made use of the knowledge and information .,. acquired by him to his own advantage and profit and in active concert with other persons involved in a conspiracy to destroy plaintiff and plaintiff's 11 business. i) • •. .F . TENTH: That, upon information and belief and at all times hereinAfter ~ ~~ mentioned and sometime subsequent to March, 1974, Loriltard, Inc., a the , division of Loew's , suddenly stopped paying.'plsintiff's corporations invoices' and began a series of contract cancellations, which acts interrupzed the cash flow of, and had a financially devastating effect upon the financial security of plaintiff's business. ELEVEVTH: That, upon information and belief and at all times herat and ordersd after mentioned, the plaintiff directecythe defendants to prosecute and commence an action against this salesman,and the defendants negligently, -, carelessly, and wrongfUlly failed to perform this duty as attorneys for the . .•- ~. .... .. ~ I plainti ff. ' TWELFTrI: That, upon iedbrmation and belief and at all times herein- after mentioned, the plaintiff directed and ordered the defendants to prose- ~ cute a lawsuit against Loew's, Inc, and Preston Robert Tisch and other ~~ deliberately and intentionally failed to perform. t principles in this corporation and its subsidiari+6s which duty the defendants ~I THIRTEENTH: That, upon inbrmation and belief and at all times 1- I ,1jm~ hereinafter mentioned, and relying upon the advice given to plaintiff by 11 i " ~- I

. • . i! . fI • ~ ' :I ... i , ., I . defendants and upon the statements, representations and promises made by ; f defendants, plaintiff executed the necessary documents to effect the sale of i i these s' his business am/ ! acts of defendants compelled plaintiff to sell his business, against his a'ill, all due to the prodding of defendants and plainttff did sell ( - ~ said business for a fraction of its true value -and at a loss to the plaintiff, II and-plaintifY was thereby deprived of a means with which to generate I li - 'VI'3 . I I income for himself and his family. - - - FOURTEENTH: That, as a result of the foregoing and that as a consequence of the malpractice, fraud,-da_--"i V aj {y intsntions.l perversion of the truth and false representations pracciced by the defendants upon the plaintiff, and as herein alleged, said plaintiff has -been damaged thereby. FIFTEENTH:_ That, as a consequence of the foregoing, plaintiff has been damaged in tha-sum of THREE MILLION DOLLARS ($3,000,000.00). WF-iEREFOREs plaintiff demands judgment against the defendants in the sum of THREE MILLION DOLLARS ($3,000,000.00) together with the costs and disbursements of this action and for such other and i'ivrther relief as is just. DAT'ED: June 12, 1978 New York, New York GERALD W. ROLL Plaintiff Pro-sa P . O . Box 3216 Grand C entral S tation New York, New York 0017 . _.., I