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CHRISTIE'S INC. v. SWCA, INC.

601156/06

2008 NY Slip Op 28450

Christie's Inc., Plaintiff, v. SWCA, Inc. d/b/a SCOTT WHITE CONTEMPORARY ART, SCULPTURE GUILD OF AMERICA, WALTER MAIBAUM, and CAROL CONN, Defendants.

Supreme Court of the State of New York, New York County.

Decided September 12, 2008.

Attorney(s) appearing for the Case

Leo Fraser, Esq. of Mendes & Mount, LLP, and Michael Salzman, Esq. of Hughes Hubbard & Reed LLP, Appearing for plaintiff, Christie's.

Gary Sesser, Esq. and Judith Wallace, Esq. of Carter Ledyard & Milburn, LLP, Appearing for defendant SWCA.

Mark Lebow, Esq. of Lebow & Sokolow, LLP, Appearing for defendant Sculpture Guild of America.

CHARLES E. 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 Tete Cubiste (Tete de Fernande) (the Sculpture).

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

Christie's cross...

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