HALLMARK CAPITAL CORPORATION v. COURTENAY, III.


52 A.D.3d 277 (2008)

859 N.Y.S.2d 435

HALLMARK CAPITAL CORPORATION, Appellant, v. ADRIAN H. COURTENAY, III, et al., Respondents.

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

Decided June 10, 2008.


Plaintiff, a provider of financial advisory services, commenced this action against one of its clients, the publisher of various print and online material, to recover monthly retainer fees purportedly owed under the agreement between the parties, as well as a transaction fee for the development of a certain publication. The motion court appropriately dismissed so much of the complaint as sought the transaction fee, inasmuch as the activity was found not to constitute a transaction...

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