Action Fashion Personnel Inc. v. Warner's Intimate Apparel, Division of Warnaco Inc.

OPINION OF THE COURT

Louise Gruner Gans, J.

This action for damages based on breach of contract or for work and services rendered, involves a claim for payment of an employment agency fee. Both plaintiff agency and defendant prospective employer have moved for summary judgment. It is undisputed that at defendant’s request, plaintiff *171agency referred to defendant a candidate for a costing executive position, which defendant represented that it had available and wanted to fill. The candidate was interviewed by defendant, was offered the position by defendant, and thereupon accepted the position.…