ARTEMUS USA LLC v. LEILA TAGHINIA-MILANI INC.

656115/17. Appeal No. 15033-15033A. Case Nos. 2021-03174, 2021-03387.

201 A.D.3d 456 (2022)

156 N.Y.S.3d 846

2022 NY Slip Op 00115

Artemus USA LLC et al., Respondents, v. Leila Taghinia-Milani Inc. et al., Appellants.

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

Decided January 11, 2022.


Attorney(s) appearing for the Case

Mazzola Lindstrom LLP, New York ( Richard E. Lerner of counsel), for appellants.

Franzino & Scher LLC, New York ( Frank J. Franzino, Jr. of counsel), for respondents.

Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.


Defendants' alleged delay in returning the subject consigned artwork did not constitute a breach of the consignment agreement, given that there was no contractual date for the artwork's return, emails between the parties reflect that the return was the subject of ongoing discussion, and plaintiffs accepted the shipment upon its return. However, whether the artwork was damaged during the consignment period remains an issue to be determined at trial (see Hansbury v Morano...

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