Sivin-Tobin Associates, LLC v. Akin Gump Strauss Hauer & Feld LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
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 *617submitted to the firm will constitute acceptance of these terms and conditions unless [plaintiff] is notified to the contrary in writing prior to the first interview.”
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