HERSTAND & CO. v. GALLERY


211 A.D.2d 77 (1995)

Arnold Herstand & Co., Inc., Respondent-Appellant, v. Gallery: Gertrude Stein, Inc., Appellant-Respondent

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

April 27, 1995


Attorney(s) appearing for the Case

Susan R. Sheppard of counsel, New York City (Whitman Breed Abbott & Morgan, attorneys), for respondent-appellant.

Richard J. Pilson of counsel, New York City (Ethan M. Brodsky on the brief; Berliner & Pilson, attorneys), for appellant-respondent.

ELLERIN, J. P., ROSS, NARDELLI and WILLIAMS, JJ., concur.


WALLACH, J.

In this action between two art galleries to rescind the sale of a drawing alleged to be spurious, we reverse the summary judgment in favor of plaintiff purchaser (Herstand) which was granted upon the purported ground of mutual mistake of fact. Defendant seller (Stein), before both the motion court and us, has fully rebutted any notion of mistake, mutual or otherwise, and has defended the drawing,...

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