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LEVENTRITT v. SOTHEBY'S, INC.

5 A.D.3d 225 (2004)

773 N.Y.S.2d 60

FRANCES LEVENTRITT, Respondent-Appellant, v. SOTHEBY'S, INC., Appellant-Respondent.

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

March 16, 2004.

The first cause of action, which seeks, inter alia, a declaration that the subject painting is authentic and to restrain defendant from refusing to sell it at public auction on the ground that it is not authentic, is barred by the four-year statute of limitations governing sales (UCC 2-725 [1]). The cause of action accrued in 1969 upon defendant's predecessor's refusal to sell the painting at public auction on the ground that it...

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