S.A.R.L. GALERIE ENRICO NAVARRA v. MARLBOROUGH GALLERY INC.

Index No. 153934/19. Appeal No. 13772&M-1213. Case No. 2020-03990.

194 A.D.3d 452 (2021)

148 N.Y.S.3d 100

2021 NY Slip Op 02884

S.A.R.L. Galerie Enrico Navarra, Respondent, v. Marlborough Gallery Inc. et al., Appellants.

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

Decided May 6, 2021.


Attorney(s) appearing for the Case

Rottenberg Lipman Rich, P.C., New York ( Richard E. Rosberger of counsel), for appellants.

Wallison & Wallison LLP, New York ( Jeremy Wallison of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Singh, Kennedy, JJ.


This contractual dispute arises from a 2003 production agreement in which plaintiff alleges that it contracted with artist Chu Teh-Chun (Chu) for the production of limited edition plates. Pursuant to the agreement, Chu was to create 24 plate designs, and plaintiff was to publish a catalogue to help promote the plates to the public, pay for the costs of the design and production of the plates, as well as for advanced royalties to Chu based on certain agreed minimum public...

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