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JN CONTEMPORARY ART LLC v. PHILLIPS AUCTIONEERS

Docket No. 21-32-cv August Term, 2021.

29 F.4th 118 (2022)

JN CONTEMPORARY ART LLC, Plaintiff-Appellant, v. PHILLIPS AUCTIONEERS LLC, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 23, 2022.

Attorney(s) appearing for the Case

RUSSELL I. ZWERIN , Aaron Richard Golub, Esquire, P.C. ( Aaron Richard Golub , Nehemiah S. Glanc , on the brief), New York, NY, for Plaintiff-Appellant JN Contemporary Art LLC.

LUKE NIKAS , Quinn Emanuel Urquhart & Sullivan, LLP ( Maaren A. Shah , Neil T. Phillips , on the brief), New York, NY, for Defendant-Appellee Phillips Auctioneers LLC.

Before: POOLER, RAGGI, and CHIN, Circuit Judges.

Phillips Auctioneers LLC invoked the force majeure clause to terminate its agreement to sell a Rudolf Stingel painting on behalf of JN Contemporary Art LLC, citing the COVID-19 pandemic and state government orders requiring nonessential businesses to cease in-person operations. JN...

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