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Heller Info. Servs. Inc. v CIBC World Mkts. Corp.
2005 NYSlipOp 51152(U)
Decided on July 21, 2005
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570350/04

Heller Information Services Inc., Plaintiff-Appellant,

against

CIBC World Markets Corp., Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County, entered August 30, 2002 (Karen S. Smith, J.) denying plaintiff's motion for summary judgment.


PER CURIAM:

Order entered August 30, 2002 (Karen S. Smith, J.) affirmed, with $10 costs.

We agree that plaintiff's action, seeking recovery of an employment placement fee allegedly due under an oral agreement, is not susceptible to summary disposition. The record raises at least triable issues concerning the nature and terms of the parties' oral agreement and plaintiff agency's entitlement to its fee upon defendant's permanent hiring of plaintiff's temporary employee.

This constitutes the decision and order of the court.
Decision Date: July 21, 2005