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Ravenna v. Christie's Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2001
289 A.D.2d 15 (N.Y. App. Div. 2001)

Summary

holding that notwithstanding special expertise and knowledge that plaintiff would rely on defendant's advice, a "one-time meeting, which did not even create a business relationship, cannot be said to have created a relationship of trust and confidence"

Summary of this case from Abu Dhabi Commercial Bank v. Morgan Stanley & Co.

Opinion

5245

December 4, 2001.

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered April 3, 2001, dismissing the complaint, and bringing up for review an order, same court and Justice, dated March 22, 2001, which granted defendants' motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Robert Braunschweig, for plaintiff-appellant.

Michael E. Salzman, for defendants-respondents.

Gilbert S. Edelson, for amicus curiae.

Rosenberger, J.P., Tom, Rubin, Buckley, Marlow, JJ.


Plaintiff brings an action for negligent misrepresentation, alleging that defendant James Bruce-Gardyne, a specialist in Old Master Paintings employed by defendant Christie's, gave him erroneous information regarding the origin of a work of art, causing plaintiff substantial financial damage. The court correctly dismissed the complaint since it was devoid of any allegations that suggest the existence of special relationship between the parties (see, Losquadro v. Gerrard, 276 A.D.2d 599). The complaint describes a single meeting between plaintiff's wife and Bruce-Gardyne during which plaintiff's wife showed him photographs of the painting in question. There is no allegation that plaintiff's wife made an appointment to meet Bruce-Gardyne, no allegation that she retained Christie's or that she paid for the advice and no allegation of prior or subsequent dealings with Christie's. All that can be gleaned from the complaint is that Christie's gave plaintiff's wife gratuitous advice based on a walk-in inquiry. This one-time meeting, which did not even create a business relationship, cannot be said to have created a relationship of trust and confidence. Although it is undisputed that Bruce-Gardyne was aware that plaintiff would rely on his advice, that fact alone is insufficient to state a claim. Reliance and the existence of a special relationship between the parties are two distinct elements of a negligent misrepresentation claim (see, Hudson River Club v. Consolidated Edison Co. of New York, 275 A.D.2d 218, 220).

Plaintiff's claim that it was improper to dismiss the complaint without permitting him discovery is without merit. The mere hope that discovery might provide some factual support for a cause of action is insufficient to avoid dismissal of a patently defective cause of action (HT Capital Advisors, L.L.C. v. Optical Resources Group, Inc., 276 A.D.2d 420). In this case, whether or not plaintiff paid Christie's to perform an appraisal and the nature of the relationship between the parties are facts necessarily known to plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Ravenna v. Christie's Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2001
289 A.D.2d 15 (N.Y. App. Div. 2001)

holding that notwithstanding special expertise and knowledge that plaintiff would rely on defendant's advice, a "one-time meeting, which did not even create a business relationship, cannot be said to have created a relationship of trust and confidence"

Summary of this case from Abu Dhabi Commercial Bank v. Morgan Stanley & Co.

holding that a complaint for negligent misrepresentation, alleging that an auction house's specialist in Old Master Paintings gave erroneous information about a work of art, was properly dismissed because the complaint showed only a “walk-in inquiry” and failed to “suggest the existence of a special relationship between the parties”

Summary of this case from Blumstein v. Sports Immortals, Inc.

holding that no special relationship existed between the auction house and the party seeking an appraisal of a painting

Summary of this case from Krahmer v. Christie's Inc.

dismissing a negligent misrepresentation claim where a prospective art buyer met only once with the representative of an auction house

Summary of this case from Capax Discovery, Inc. v. AEP RSD Investors, LLC
Case details for

Ravenna v. Christie's Inc.

Case Details

Full title:GUIDO RAVENNA, Plaintiff-Appellant, v. CHRISTIE'S INC., ET AL.…

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

Date published: Dec 4, 2001

Citations

289 A.D.2d 15 (N.Y. App. Div. 2001)
734 N.Y.S.2d 21

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