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Case Summary

Rosen v. Spanierman

Rosen v. Spanierman, 711 F. Supp. 749 (S.D.N.Y. 1989) (defendants’ motion for summary judgment granted), aff’d in part, vacated in part and remanded, 894 F.2d 28 (2d Cir. 1990) (upholding plaintiff’s fraud claim although the painting was a gift, not a purchase).

Nineteen years after purchasing a supposed Sargent painting, plaintiff discovered the work was a copy, not an original, and sued the gallery owner who had guaranteed the painting’s

authenticity. The courts held that plaintiff could not sue for breach of warranty, since New York’s  statute of limitations only allowed four years in which to sue. Plaintiff’s claim of fraud, however, was . . . .

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