HELLER INFO. v. CIBC W. MKTS.

Full title: HELLER INFORMATION SERVICES INC., Plaintiff-Appellant, v. CIBC WORLD…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jul 21, 2005

2005 N.Y. Slip Op. 51152 (N.Y. App. Term 2005)

Opinion

570350/04.

Decided July 21, 2005.

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.

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

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

PER CURIAM:

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.