We agree with the IAS Court that plaintiff shows no facts that would warrant amendment of the complaint to assert an equitable interest in the Peto painting recently resold by defendant. It is undisputed that under the parties' purchase agreement, title to the painting was to remain with the seller until the painting was paid for in full. Since plaintiff never paid for the painting in full, ownership never passed, and, under UCC 2-706 (6), plaintiff is not entitled to any...
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