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BEARD v. CHASE

5573, 651504/15.

162 A.D.3d 533 (2018)

80 N.Y.S.3d 231

2018 NY Slip Op 04636

Peter Beard et al., Respondents, v. Bernie Chase et al., Appellants.

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

Decided June 21, 2018.

The motion court correctly found that the works of art at issue were goods, and thus that the purported oral agreement to sell them was barred by the statute of frauds (see UCC 2-201; American-European Art Assoc. v Trend Galleries, 227 A.D.2d 170 [1st Dept 1996]; compare National Historic Shrines Found., Inc. v Dali, 1967 WL 8937 [Sup Ct, NY County 1967]). Defendants' wire transfers to a third party, who then purportedly...

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