Opinion
570349/04.
Decided November 17, 2004.
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.
Order entered March 8, 2002 (Carol R. Edmead, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
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).
This constitutes the decision and order of the court.