MOUSTAKIS v. CHRISTIE'S, INC.

1847, 117179/07

68 A.D.3d 637 (2009)

2009 NY Slip Op 9543

892 N.Y.S.2d 83

TED MOUSTAKIS, Appellant, v. CHRISTIE'S, INC., et al., Respondents.

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

Decided December 22, 2009.


This action arises out of an auction of memorabilia from the Star Trek television series and motion pictures. Contrary to plaintiff's contention that defendant Christie's had represented the commander data uniform to be one of a kind, no such representation was ever made in the auction catalogue. Significantly, the conditions of sale, which plaintiff accepted in order to be allowed to participate in the bidding process, expressly declared that "all property is sold `as is...

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