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Case Summary

McCloud v. Lawrence Gallery

McCloud v. Lawrence Gallery, No. 90 Civ. 30, (S.D.N.Y. July 12, 1991) (denying defendant’s motion for summary judgment), mot. to enforce default judgment granted, (S.D.N.Y. Jan. 9, 1992), aff’d, 970 F.2d 896 (2d Cir. June 15, 1992).


Plaintiff McCloud, an Ohio resident, won a default judgment in an Ohio state court against Lawrence Gallery and the gallery’s president, for

fraud, breach of express and implied warranties, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq.   At issue was the gallery’s sale of a drawing allegedly by Picasso. Lawrence Gallery was located in New York, and did not appear to defend itself in the Ohio suit.  McCloud next filed suit in New York . . . .

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