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Case Summary
David Rogath v. Werner E.R. Siebenmann
Rogath v. Siebenmann, 941 F. Supp. 416 (S.D.N.Y. 1996), vacated, remanded, 129 F.3d 261 (2d Cir. 1997).
Précis
David Rogath bought an alleged original Francis Bacon painting entitled "Self Portrait" from Werner E.R. Siebenmann. The painting turned out to be of questionable authenticy. Rogath sued Siebenmann for
breach of contract, breach of warranty and
fraud
The intentional use of deceit, a trick or some dishonest means to deprive another of his money, property or legal right, either as a cause of action or as a fatal element in the action itself.
fraud. A federal district court in New York granted partial
summary judgment
A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial (Black’s Law Dictionary (8th ed. 2004)).
summary judgment to Rogath for . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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