Litigation Victory: Phillips Nizer Wins Appeal for Breach of Executive Search Agreements On January 14, 2025, the Appellate Division

01/22/2025

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First Department affirmed that the lower court correctly granted our client, a real estate executive search firm, against its customer, which owns, develops, manages and brands hotels, residential and mixed-use projects. The appellate court expressly held that our client “performed under the agreements by identifying and presenting multiple candidates for the two specified positions, defendant failed to respond, give feedback, or participate in the process, and refused to pay the invoices for the nonrefundable minimum retainer as set forth in the parties’ agreements.”  The appellate court also agreed with the lower court’s finding that the defendant’s affirmative defenses and counterclaims should be dismissed and that our client was entitled to recover its attorneys’ fees. Congratulations to our client and the Phillips Nizer team of Partner Michael Fischman and Associate Judith Swartz.