STERLING RESOURCES INTERNATIONAL, LLC v. LEERINK SWANN, LLC

6831, 602906/09.

92 A.D.3d 538 (2012)

939 N.Y.S.2d 349

2012 NY Slip Op 1188

STERLING RESOURCES INTERNATIONAL, LLC, Appellant, v. LEERINK SWANN, LLC, Respondent.

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

Decided February 16, 2012.


The amended complaint alleges, "Pursuant to the Retainer Agreement, [defendant] retained [plaintiff] to be its exclusive recruiting firm in its search to identify, recruit and hire a Head of its Investment Banking division and other investment banking professionals" (emphasis added). However, the provisions of a contract "prevail over conclusory allegations of the complaint" (805 Third Ave. Co. v M.W. Realty Assoc., 58 N.Y.2d 447...

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