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Doss, Inc. et al v. Christies Inc.

MEMORANDUM OF LAW in Opposition re: 10 MOTION to Dismiss Complaint.. Document

42 Cited authorities

  1. Allen v. Westpoint-Pepperell, Inc.

    945 F.2d 40 (2d Cir. 1991)   Cited 784 times
    Holding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"

  2. Kimmell v. Schaefer

    89 N.Y.2d 257 (N.Y. 1996)   Cited 599 times
    Holding that a special relationship existed outside of the context of professionals, such as lawyers and engineers, when a defendant was inter alia "uniquely situated to evaluate the economics of the [investment that defendant sold to plaintiff]"

  3. Adler v. Pataki

    185 F.3d 35 (2d Cir. 1999)   Cited 239 times
    Holding that retaliatory action taken solely because of the protected speech of a close family member is actionable under the First Amendment

  4. Connecticut Nat. Bank v. Fluor Corp.

    808 F.2d 957 (2d Cir. 1987)   Cited 226 times   3 Legal Analyses
    Holding that the plaintiff did not have to plead scienter in a fraud case with "great specificity"

  5. Guggenheim Found. v. Lubell

    77 N.Y.2d 311 (N.Y. 1991)   Cited 185 times   2 Legal Analyses
    Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"

  6. Bartfield v. Murphy

    578 F. Supp. 2d 638 (S.D.N.Y. 2008)   Cited 44 times
    Holding that LLC was indispensable party in derivative action

  7. Golden Budha Corp. v. Canadian Land Co., Amer

    931 F.2d 196 (2d Cir. 1991)   Cited 71 times
    Holding that the "defendants [held] property they should not retain in good conscience and equity, under the circumstances revealed"

  8. Rosen v. Spanierman

    894 F.2d 28 (2d Cir. 1990)   Cited 71 times
    Holding that warranty claims were barred as untimely because "[i]t would be inappropriate to expand [the discovery rule] exception [of section 2-725] beyond its plain terms by dispensing with the condition that, to take advantage of the exception, the warranty explicitly extend to future performance."

  9. Cristallina v. Christie

    117 A.D.2d 284 (N.Y. App. Div. 1986)   Cited 77 times
    Holding that an auction house has a fiduciary duty to act in the utmost good faith and in the interest of the consigner, its principal, throughout their relationship

  10. DeWeerth v. Baldinger

    836 F.2d 103 (2d Cir. 1987)   Cited 57 times   1 Legal Analyses
    In DeWeerth v. Baldinger, 836 F.2d 103 (2d Cir.1987), our Court had, in interpreting New York law, imposed a duty of reasonable diligence on the owners of stolen artwork for statute of limitations purposes.

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 2-725 - Statute of Limitations in Contracts for Sale

    N.Y. U.C.C. Law § 2-725   Cited 427 times   2 Legal Analyses
    Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach

  13. Section 2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

    N.Y. U.C.C. Law § 2-312   Cited 32 times

    (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that (a) the title conveyed shall be good, and its transfer rightful; and (b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim