SIVIN-TOBIN ASSOCIATES, LLC v. AKIN GUMP STRAUSS HAUER & FELD LLP

1264, 1264A, 107123/06

68 A.D.3d 616 (2009)

2009 NY Slip Op 9526

892 N.Y.S.2d 71

SIVIN-TOBIN ASSOCIATES, LLC, Appellant, v. AKIN GUMP STRAUSS HAUER & FELD LLP, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2009.


On December 19, 2005, plaintiff, a recruitment firm, sent, via e-mail, an unsolicited resume of an attorney specializing in Korean practice to a partner in defendant's New York office. According to plaintiff, a copy of its placement terms and conditions (term sheet) describing the anticipated fee for attorney placement with defendant was sent along with the resume. The term sheet provided that "[t]he interviewing of any attorney

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