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Case Summary
David Tunick, Inc. v. E.W. Kornfeld and Galerie Kornfeld und Cie
David Tunick, Inc. v. Kornfeld, 838 F. Supp. 848 (S.D.N.Y. 1993).
Précis
This case, which pitted two fine art print experts against each other, addressed the question of whether a purchaser of an authentic fine art print with an allegedly forged signature is permitted to rescind the sale, or whether, pursuant to Section 2-508 (2) of New York’s
Uniform Commercial Code (the “N.Y.U.C.C.”), he must accept in exchange a copy of the same print with an authentic signature. In ruling on the defendant-seller’s motion for
summary judgment
A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial (Black’s Law Dictionary (8th ed. 2004)).
summary judgment, a New York federal district court held that . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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