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MATTER OF PETERS v. SOTHEBY'S

34 A.D.3d 29 (2006)

821 N.Y.S.2d 61

In the Matter of ELLEN ASH PETERS, as Executrix of MARIA ASH, Deceased, Respondent, v. SOTHEBY'S INC., Appellant.

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

September 14, 2006.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan LLP, New York City (Charles G. Moerdler, Joseph L. Forstadt, Ernst H. Rosenberger and Meredith L. Strauss of counsel), for appellant.

Herrick, Feinstein LLP, New York City (Lawrence M. Kaye of counsel), and Rowland & Associates, New York City, for respondent.

BUCKLEY, P.J., SULLIVAN, NARDELLI and McGUIRE, JJ., concur.

OPINION OF THE COURT

TOM, J.

At issue on this appeal is the viability of an action for the wrongful detention of a painting, Strasse in Kragero by Edvard Munch, so as to warrant a preaction disclosure order pursuant to CPLR 3102 (c) directing respondent Sotheby's Inc. to reveal the identity of the good-faith purchaser of the work at auction. Petitioner is the executrix of the estate of Maria Glaser, the wife and successor in interest to the alleged...

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