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Decided on May 23, 2008
Supreme Court, New York County

603388/06
Plaintiff was represented by Dreier LLP, 499 Park Avenue, New York, NY 10022, (212) 328-6100, Jeffrey A. Mitchell, Esq.
Defendant was self-represented, Blank Rome LLP, 405 Lexington Avenue, New York, NY 10174,
(212) 885-5000, Harris N. Cogan, Esq.
Herman Cahn, J.
Plaintiff Mark Bruce International, Inc. (MBI) brings this action to recover a merger fee that defendant Blank Rome LLP (Blank Rome) allegedly agreed to pay. The fee was claimed to be payable in the event that Blank Rome consummated a merger with the law firm of Healy & Baillie LLP (H & B).
MBI now moves for summary judgment on its two causes of action for breach of contract and unjust enrichment, in the amount of $720,930.70, CPLR 3212 (a). In the alternative, MBI moves for summary judgment on the issue of liability, and for an expedited trial as to damages, CPLR 3213 (c).
Blank Rome cross-moves for summary judgment dismissing the complaint.
BACKGROUND
The following facts are not in dispute.
MBI is a legal recruiting and attorney placement firm. Among its services, MBI identifies potential candidates for law firm mergers.
On October 12, 2005, Robert Lehrman, Esq., MBI's Executive Vice-President and General Counsel, sent an unsolicited e-mail to Fred Blume, the Managing Partner and Chief Executive Officer of defendant Blank Rome (see Lehrman Supporting Aff., Exh. C). In the e-mail, Lehrman inquired whether Blank Rome might be interested in hearing about a maritime law and insurance litigation firm that was looking to merge with a national firm (id.). Lehrman stated that he represented the potential candidate, which was headquartered in New York (id.).
On November 2, 2005, after Blank Rome had indicated its interest in learning of the candidate, Lehrman e-mailed David F. Girard-diCarlo, the Chairman of Blank Rome, proposing the following terms before divulging the name of the candidate:
As we discussed, you agree on behalf of Blank Rome LLP, that if you or a representative appointed by you, meet with the chairman of a merger prospect introduced to Blank Rome LLP by Mark Bruce [*2]International, Inc. ("MBI"), to discuss a potential merger, and Blank Rome LLP consummates a merger with such merger prospect, Blank Rome LLP will pay to MBI a merger fee that shall be reasonably determined by Blank Rome LLP and MBI in accordance with market standards, at a mutually agreeable time following the introduction of such merger prospect to Blank Rome LLP by MBI
(id., Exh. E). In a reply e-mail, Girard-diCarlo suggested the following in lieu of the language in that e-mail: As we discussed, I agree on behalf of Blank Rome LLP that if I or a representative appointed by me, meet with the chairman of the specific merger prospect you reviewed with me to discuss a potential combination, and Blank Rome LLP consummates a combination with that specific prospect, Blank Rome LLP will pay to [MBI] a merger fee that shall be reasonably determined between Blank Rome LLP and MBI, which payment will be made at a mutually agreeable time following the consummation of such combination
(id., Exh. F [emphasis in original]).
Lehrman e-mailed Girard-diCarlo that the amended language was acceptable to MBI, and identified the merger candidate as H & B (Lehrman Aff., Exh. G). He also provided Girard-diCarlo with H & B's web address and the name of its chairman, John D. Kimball, and indicated that Girard-diCarlo should let him know if there was any interest in speaking with the firm (id.).
Girard-diCarlo states in his affidavit, that after learning the name of the firm from Lehrman, he consulted with two of his partners who had joined Blank Rome from another maritime firm with which Blank Rome had recently merged (Girard-diCarlo Aff.,

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