THOME v. ALEXANDER & LOUISA CALDER FOUND.

9853. 152721/17.

174 A.D.3d 453 (2019)

102 N.Y.S.3d 430

2019 NY Slip Op 05625

Joel Thome, Appellant, v. The Alexander and Louisa Calder Foundation et al., Respondents.

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

Decided July 11, 2019.


Summary judgment was properly granted since there is a lack of evidence that defendants imparted any false or disparaging information to the gallery with whom plaintiff was planning to consign his art. The unrebutted evidence is that defendants only informed the gallery that litigation in the Southern District over the art had ended, and as part of that settlement, the pieces were issued registration numbers and an agreed-upon description of the works was formalized (see...

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