The following e-filed documents, listed by NYSCEF document number (Motion 001) 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER. DECISION + ORDER ON MOTION Plaintiff, Rhodes Associate Executive Search of New York, LLC (Rhodes), commenced this action to recover fees of $180,000 allegedly due under two employee recruitment contracts with defendant, IS Company LLLC, d.b.a. Ian Schrager Company (IS). Plaintiff now moves for an order granting summary judgment pursuant to CPLR 3212 in that amount under its first and second causes of action, and for attorney’s fees under its fourth1 cause of action. IS cross-moves for an order granting summary judgment pursuant to CPLR 3212 on its first and second counterclaims, dismissing the complaint, and awarding attorney’s fees. For the following reasons, plaintiff’s motion is granted and defendant’s cross-motion is denied. FACTS Rhodes is an executive search and organizational consulting services firm. The president and managing partner of Rhodes is Steven Littman (Littman). Defendant IS is a luxury hotel and real estate development company. The CEO and founder of IS is Ian Schrager (Schrager), a well-known entrepreneur, hotelier and real estate developer (plaintiff’s statement of undisputed facts [PSUF], NYSCEF doc. no. 62 at
1-2). In or around mid-September 2019, Schrager and Littman first communicated to discuss the scope of Rhodes’ work to search for and identify candidates for two positions at IS. (defendants’ counter-statement of material facts [DCSOMF], NYSCEF doc. no. 68 at 3). Following some negotiations and discussions about IS’ goals, on September 30, 2019, Schrager met with Littman and signed two separate written letter agreements pursuant to which IS retained Rhodes to identify and present candidates for the positions of “Senior Real Estate Investment Professional for Ian Schrager Company” (the Investment Professional Agreement) and “Head of Asset Management, Public Hotel for Ian Schrager Company” (the Asset Manager Agreement). (id., 10; NYSCEF doc. nos. 32 [Investment Professional Agreement] and 33 [Asset Manager Agreement]). Schrager never read either contract before signing them (PSUF 10). The two agreements are nearly identical in every respect other than the positions described therein, the retainer fee amounts and the installment payment terms (PSUF 11). The Investment Professional Agreement required a retainer of $120,000 representing “the minimum fee” and which was “not refundable.” It was to be payable in three equal installments of $40,000, with the first installment due upon commencement of the assignment and the two subsequent payments due every 30 days thereafter upon receipt of the invoices. The Investment Professional Agreement also provided that if IS cancelled the contract assignment prior to the thirtieth day, no installment would be billed beyond the initial $40,000 one. The Asset Manager Agreement required a nonrefundable minimum fee of $60,000 paid in three installments of $20,000 on the same schedule as the Investment Professional Agreement, except that IS did not have the option of cancelling within 30 days. Both agreements required reimbursement of search related administrative expenses and local interview expenses equal to 5 percent of each installment, and provided that the prevailing party in any dispute would be entitled to its reasonable costs and attorney’s fees. IS did not cancel the Investment Professional Agreement within 30 days (PSUF
