[*1]
Bon Temps Agency Ltd. v Wagner Davis & Gold P.C.
2004 NY Slip Op 51400(U)
Decided on November 17, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 17, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570349/04

BON TEMPS AGENCY LTD., Plaintiff-Appellant,

against

WAGNER DAVIS & GOLD P.C., Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County, entered March 8, 2002 (Carol R. Edmead, J.) denying plaintiff's motion for summary judgment and granting defendant's motion to the extent of directing plaintiff to appear for deposition.


PER CURIAM:

Order entered March 8, 2002 (Carol R. Edmead, J.) affirmed, with $10 costs.

We agree that plaintiff's action, seeking recovery of an employment placement fee, is not susceptible to summary determination at this pre-deposition stage of litigation. The thin record so far developed raises triable issues, including the nature and scope of the parties' fee arrangement and whether the relevant provisions appearing on the temporary employee's time sheet were intended to memorialize the parties' entire agreement (see Levy v Keslow, 213 AD2d 276 [1995]).

This constitutes the decision and order of the court.
Decision Date: November 17, 2004