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THOME v. ALEXANDER & LOUISA

No. 600823/07, 580

70 A.D.3d 88 (2009)

890 N.Y.S.2d 16

2009 NY Slip Op 8889

JOEL THOME, Appellant, v. THE ALEXANDER & LOUISA CALDER FOUNDATION, Also Known as THE CALDER FOUNDATION, et al., Respondents.

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

Decided December 1, 2009.

Attorney(s) appearing for the Case

Richard A. Altman, New York City, for appellant.

Sidley Austin LLP, New York City (Saima S. Ahmed, Steven M. Bierman and Elizabeth P. Williams of counsel), for respondents.

ANDRIAS, J.P., SWEENY, NARDELLI and FREEDMAN, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal arises out of plaintiff's efforts to obtain from defendant, the Alexander & Louisa Calder Foundation, a positive response, or any response, to his submission seeking its authentication of two theatrical stage sets and related material in his possession (the Work) that he claims were the work of renowned artist Alexander Calder. It raises the question of whether...

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