CHANG v. PHILLIPS AUCTIONEERS LLC

657341/20. Appeal No. 15427M-548. Case No. 2021-03127.

203 A.D.3d 423 (2022)

162 N.Y.S.3d 378

2022 NY Slip Op 01383

Zhang Chang, Appellant, v. Phillips Auctioneers LLC, Respondent.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

K&L Gates, LLP, New York ( Matthew J. Weldon of counsel), for appellant.

Hughes Hubbard & Reed LLP, New York ( Daniel H. Weiner of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.


The parties' dispute arises from defendant's October 18, 2016 auction of a Gerhard Richter painting, Düsenjäger, which resulted in plaintiff acquiring the painting pursuant to the terms of a guarantee agreement between the parties. Under the guarantee agreement, defendant had the right to cancel the sale or resell the painting in the event of plaintiff's default, in which event plaintiff would be responsible for the costs of the resale. Plaintiff refused to pay...

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