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COWEN & CO., LLC v. FISERV, INC.

650846/13, 756.

141 A.D.3d 18 (2016)

31 N.Y.S.3d 494

2016 NY Slip Op 03840

COWEN AND COMPANY, LLC, Respondent, v. FISERV, INC., Appellant.

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

Decided May 17, 2016.

Attorney(s) appearing for the Case

Bryan Cave LLP, New York City ( Erick Rieder and Scott H. Kaiser of counsel), for appellant.

Herbert Smith Freehills New York LLP, New York City ( Scott S. Balber , Emily Abrahams and Justin A. Schenck of counsel), for respondent.

ACOSTA, J.P., RENWICK, KAPNICK and WEBBER, JJ. concur.

OPINION OF THE COURT

Plaintiff, an investment bank, was retained by defendant to provide financial advisory services in connection with defendant's potential acquisition of another company. On October 6, 2010, the parties entered into an engagement letter pursuant to which plaintiff was "engaged to act as lead financial...

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