| Tony Shafrazi Gallery, Inc. v Christie's Inc. |
| 2012 NY Slip Op 09184 [101 AD3d 654] |
| December 27, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Tony Shafrazi Gallery, Inc., Plaintiff, and, Guido Orsi,
Appellant-Respondent, v Christie's Inc., Formerly Known as Christie, Manson & Woods International, Inc., Respondent-Appellant, et al., Defendants. |
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Andrews Kurth LLP, New York (Joseph A. Patella of counsel), for
respondent-appellant.
Order, Supreme Court, New York County (Herman Cahn, J.), entered November 17, 2008, which, insofar as appealed from as limited by the briefs, granted defendant Christie's motion for summary judgment dismissing the breach of contract and breach of warranty causes of action, and order, same court (Shirley Werner Kornreich, J.), entered November 23, 2011, which granted defendant's motion for summary judgment dismissing the remaining fraud claims, unanimously affirmed, without costs.
As to the fraud claims, the record contains no evidence sufficient to raise an issue of fact whether defendant acted with the requisite intent (see Eurycleia Partners, LP v Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]). Nor does the record support plaintiff Orsi's contention that defendant acted recklessly in accepting the painting for consignment (see State St. Trust Co. v Ernst, 278 NY 104 [1938]).
Orsi is not aggrieved by the dismissal of the breach of contract cause of action. In [*2]dismissing the breach of warranty cause of action on statute of limitations grounds, the motion court correctly relied on Hanover Sq. Antiques, Ltd. v Insalaco (16 AD3d 258 [2005], lv denied 5 NY3d 710 [2005]). Concur—Mazzarelli, J.P., Moskowitz, DeGrasse, Manzanet-Daniels and Clark, JJ. [Prior Case History: 2008 NY Slip Op 33092(U).]