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PEOPLE v. SOTHEBY'S, INC.

Index No. 452192/20. Appeal No. 15726. Case No. 2021-03657.

204 A.D.3d 504 (2022)

164 N.Y.S.3d 453

2022 NY Slip Op 02501

The People of the State of New York, by Letitia James, Attorney General of the State of New York, Respondent, v. Sotheby's, Inc., Appellant.

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

Decided April 14, 2022.

Attorney(s) appearing for the Case

Kramer Levin Naftalis & Frankel LLP, New York ( Darren A. LaVerne , of counsel) for appellant.

Letitia James , Attorney General, New York ( Ester Murdukhayeva of counsel), for respondent.

Dechert LLP, New York ( Steven A. Engel , of counsel) for amicus curiae.

Concur—Acosta, P.J., Kern, González, Shulman, JJ.

The complaint states a cause of action under the New York False Claims Act (NYFCA) (State Finance Law § 187 et seq.) (see State of New York ex rel. Seiden v Utica First Ins. Co., 96 A.D.3d 67, 71-72 [1st Dept 2012], lv denied 19 N.Y.3d 810 [2012]). It alleges that, in 2010, an employee of defendant advised her client (identified in the complaint as the "Collector"), a foreign...

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