Opinion
2003-254 W C.
Decided December 22, 2003.
Appeal by plaintiff from an order of the City Court, City of White Plains, Westchester County (B. Leak, J.), entered November 1, 2002, which denied plaintiffs motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Plaintiff, an employment agency, commenced the instant action for unpaid services rendered when it referred a candidate to defendant for employment. It is undisputed that plaintiff and defendant entered into a written contract for said services whereby defendant agreed to pay plaintiff a fee of 20% of the employee's annual salary. Further, it is uncontroverted that the candidate referred by plaintiff was hired by defendant and was later terminated by defendant. Inasmuch as defendant's opposition papers to plaintiffs motion for summary judgment raise an issue of fact as to whether plaintiff referred a suitable candidate for the position ( see Career Blazers v. Comtech Telecommunications Corp., 187 Misc 2d 492, 493 [App Term, 9th 10th Jud Dists 2000]), we are of the opinion that the lower court properly denied plaintiffs motion.