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CHRISTIE'S INC. v. SWCA, INC.

22 Misc.3d 380 (2008)

867 N.Y.S.2d 650

CHRISTIE'S INC., Plaintiff, v. SWCA, INC., Doing Business as SCOTT WHITE CONTEMPORARY ART, et al., Defendants. SWCA, INC., Third-Party Plaintiff, v. THOMAS SEGAL, Third-Party Defendant.

Supreme Court, New York County.

September 12, 2008.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York City (Gary Sesser and Judith Wallace of counsel), for SWCA, Inc., defendant.

Lebow & Sokolow, LLP, New York City (Mark Lebow of counsel), for Sculpture Guild of America, defendant.

Mendes & Mount, LLP, New York City (Leo Fraser of counsel), and Hughes Hubbard & Reed LLP, New York City (Michael Salzman of counsel), for Christie's, Inc., plaintiff.

OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

This is an action for damages arising out of the rescission of the sale of a bronze sculpture created by the artist Pablo Picasso, entitled Tête Cubiste (Tête de Fernande) (the sculpture).

Defendant SWCA, Inc. moves for partial summary judgment dismissing plaintiff Christie's Inc.'s first and third causes of action for breach of contract, and for liability of principal as to agent.

Christie...

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