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VAN DAMME v. GELBER

3878, 3879, 3879A, 601995/07, 3979B, 590203/08.

79 A.D.3d 534 (2010)

914 N.Y.S.2d 84

ALEXANDRE VAN DAMME, Respondent, v. NAHUM GELBER, Appellant and ARIJ GASIUNASEN FINE ART OF PALM BEACH, INC., Doing Business as GASIUNASEN GALLERY, Respondent. (And a Third-Party Action.)

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

Decided December 14, 2010.

The record evidence demonstrates that Gelber expressly and impliedly appointed defendant Gasiunasen Gallery to act as his agent with regard to the sale of a painting by Gerhard Richter, and thus became obligated under the contract of sale to deliver the painting upon his agent's receipt of the full purchase price within the time limit imposed by the contract and its ancillary escrow agreement...

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