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Sivin-Tobin Assoc., LLC v Akin Gump Strauss Hauer & Fled, LLP 2008 NY Slip Op 30938(U) March 28, 2008 Supreme Court, New York County Docket Number: 0107123/2006 Judge: Jane S. Solomon Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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PRESENT:

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Index Number . 10712312006
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INDEX NO. MOTIONDATE MOTION S'EQ. NO.

SIVIN-TOBIN ASSOCIATES LLC.
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AKIN GUMP STRAUSS HAUER
SEQUENCE NUMBER 002
DISMISS ACTION
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MOTION CAL. NO.

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this motion t o / f o r

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Replying Affidavits

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Cross-Motion:
Upon t h e foregoing papers, it is ordered t h a t this motion

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FINAL DISPOSITION
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NON-FINAL DISPOSITION

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charges a commission when it places attorneys with law firms, corporate law departments and other businesses.
On December 19,

2005, Sivj.n-Tobin sent, via e-mail, an unsolicited resume of Chang-Joo Kim, an (.ittorneyspec:i.alizing in
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Korean practice, to

Stephen Vine, a partner and member of Akin Gump`s New York office. According to Sivin-Tobin, i.t also sent defendant a c o p y

of its placement terms and conditions (Placement Terms) , w k i . c h , among other things, p r e s c r i b e d the antj.cipatcd fee for attorney placement with Akin Gump.

Tn addition, the Placement Terms

provided that Lhe fee was to be payable within 10 days after thc attorney began employment with Akin Gump. Paragraph 4 of the

Placement Terms states that "[tlhe interviewing of any attorney submitted to the firm will constitute acceptance of these terms and conditions unless Sivin-Tobin Associates is notified to the contrary in writing prior to the first interview." Vine avers t h a t he has no recollection of receiving plaintiff's e-mail dated December 19, 2005 (Affidavit of Steven Vine,

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