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SOTHEBY'S, INC. v. CHOWAIKI

Index No. 657068/17. Appeal No. 15287. Case No. 2021-00694.

202 A.D.3d 523 (2022)

158 N.Y.S.3d 832

2022 NY Slip Op 00955

Sotheby's, Inc., Respondent, v. Ezra Chowaiki, Defendant, and Luba Mosionzhnik, Appellant.

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

Decided February 10, 2022.

Attorney(s) appearing for the Case

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

Halperin Battaglia Benzija, LLP, New York ( Neal W. Cohen of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Defendant Mosionzhnik is a former manager and 25 percent shareholder of an entity that was named Chowaiki Mosionzhnik Gallery (Gallery). Plaintiff Sotheby's and the Gallery entered into a contract in March 2008 concerning the sale of an artwork, which Mosionzhnik and defendant Chowaiki personally guaranteed "regardless of any amendment" to the contract. Subsequently, the Gallery terminated Mosionzhnik's employment and purchased her shares, and in December 2008 the Gallery...

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