ARTEMUS USA LLC v. PAUL KASMIN GALLERY, INC.

10671. 156295/18.

178 A.D.3d 638 (2019)

2019 NY Slip Op 09391

Artemus USA LLC, Respondent, v. Paul Kasmin Gallery, Inc., Appellant.

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

Decided December 26, 2019.


Attorney(s) appearing for the Case

Frankfurt Kurnit Klein & Selz, P.C., New York ( Amelia K. Brankov of counsel), for appellant.

Walden Macht & Haran LLP, New York ( Jim Walden of counsel), for respondent.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.


The complaint asserts a claim for fraud based on defendant's alleged materially false representations in certain invoices. It alleges that defendant sold a 60% interest in an artwork by Frank Stella entitled La Scienza della Fiacca to nonparty Antole Shagalov for $430,000, and that, two years later, when plaintiff was conducting due diligence in connection with purchasing La Scienza and three other artworks from Shagalov, defendant provided Shagalov with a backdated invoice...

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