Hubert G. Neumann v Sotheby's Inc.

Motion No: M-2358

Slip Opinion No: 2018 NYSlipOp 72643(U)

Decided on May 16, 2018

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 16, 2018

Hubert G. Neumann,

Plaintiff-Appellant,

v

Sotheby's, Inc.,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 9, 2018, And plaintiff-appellant having moved for an order in the nature of stay, preventing defendant-respondent, its agents,

its assigns, or anyone acting in concert with it, from offering for sale and/or selling, brokering or otherwise facilitating the transfer of ownership, at auction or otherwise, of a painting known as "Flesh and Spirit" (1982/1983) by Jean-Michel Basquiat, pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: May 16, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices

M-2358

Index No. 652170/18