Tuesday, July 12, 2011

Second Circuit - Art Litigation: Claim Over Painting Time-Barred But Claim For Frame Timely

In Marchig v. Christie's, 11-461-cv (July 12, 2011)(summary order), a plaintiff consigned an artwork to Christie's in 1997 she thinks it was painted by Michelangelo's tutor.   Christie's tells her it is a nineteenth-century German work. Christie's advises her to change the frame, then sell it.   She ok's the sale, but says nothing about the frame. Christie's sells the painting in 1998 for $21,850.  In 2009 Christie's tells her it is probably a work by Leonardo da Vinci.   She sues in 2010, claiming the work is worth $150 million.

A short, informative and Solomonic opinion on the law of consignments, sales, and authentication claims.

Marchig v Christie's

Result:  claim against the painting is time-barred, but the Second Circuit reversed and remanded, holding that the claim for the return of the frame was timely.

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

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