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Case Summary

Tony Shafrazi Gallery, Inc. v. Christie's Inc.

Tony Shafrazi Gallery, Inc. v. Christies Inc., No. 112192/2007, 2008 NY Slip Op 33092 (N.Y. Sup. Ct. 2008); on reconsideration, 2009 NY Slip Op 31088 (N.Y. Sup. Ct. 2009); summary judgment granted, 2011 NY Slip Op 33059 (N.Y. Sup. Ct. 2011).

A New York state trial court held that a downstream purchaser of a fake painting could pursue a 

fraud claim against Christie’s, which had initially sold the work to a gallery (from which the plaintiff made his purchase) as authentic and misattributed it in the accompanying auction catalogue.  Notwithstanding that Christie’s (1) was unaware of the existence of the downstream purchaser, and (2) asserted that . . . .

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