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SCHER v. STENDHAL GALLERY

10360, 650598/10, 10361.

117 A.D.3d 146 (2014)

983 N.Y.S.2d 219

2014 NY Slip Op 2154

PAULA SCHER, Respondent-Appellant, v. STENDHAL GALLERY, INC., et al., Appellants-Respondents.

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

Decided March 27, 2014.

Attorney(s) appearing for the Case

Wollmuth Maher & Deutsch LLP, New York City ( Michael C. Ledley and Melissa A. Finkelstein of counsel), for appellants-respondents.

Carter Ledyard & Milburn LLP, New York City ( Judith M. Wallace , Jeffrey L. Loop and Michael H. Bauscher of counsel), for respondent-appellant.

TOM, J.P., FREEDMAN and FEINMAN, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The primary issue on this appeal is whether plaintiff Paula Scher, an artist, or defendant Stendhal Gallery, Inc. (the Gallery), Scher's former exclusive agent, owns 320 fine-art silk-screen prints made from Scher's paintings that remained unsold upon the termination of the parties' relationship.1 Pursuant to an oral agreement between the parties, the prints had been fabricated, with Scher's...

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