Appellate Division of the Supreme Court of the State of New York February 16, 2012 (Sterling Resources International, LLC v. Leerink Swann, LLC)

The amended complaint alleges, “Pursuant to the Retainer Agreement, [defendant] retained [plaintiff] to be its exclusive recruiting firm in its search to identify, recruit and hire a Head of its Investment Banking division and other investment banking professionals” (emphasis added). However, the provisions of a contract “prevail over conclusory allegations of the complaint” (805 Third Ave. Co.