JOSEPH P. CARROLL LTD. v. PING-SHEN

1507, 652091/14.

140 A.D.3d 544 (2016)

32 N.Y.S.3d 499

2016 NY Slip Op 04874

JOSEPH P. CARROLL LTD., Appellant, v. THEODORE PING-SHEN, Respondent.

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

Decided June 21, 2016.


In February 2006, plaintiff, a buyer and seller of art, and nonparty Salander O'Reilly Galleries, LLC (SOG) entered into an agreement pursuant to which plaintiff loaned SOG a 1931 oil-on-board painting by the early twentieth century American artist, Marsden Hartley, titled Cynical Blue, Jovial Brown, Dogtown (the Painting). Unbeknownst to plaintiff, while the Painting was on loan, SOG sold it to defendant. In March 2006, plaintiff and SOG entered into a consignment agreement...

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