Précis
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 genuineness or truth of something; in art, the determination or judgment that a work is by the artist to whom it has been attributed.
authenticity. The courts held that plaintiff could not sue for breach of warranty, since New York’s
statute of limitations
1) A law that bars claims after a specified period; specifically, a statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered). The purpose of such a statute is to require diligent prosecution of known claims, thereby providing finality and predictability in legal affairs and ensuring that claims will be resolved while evidence is reasonably available and fresh. 2) A statute establishing a time limit for prosecuting a crime, based on the date when the offense occurred (Black’s Law Dictionary (8th ed. 2004)).
statute of limitations only allowed four years in which to sue. Plaintiff’s claim of
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, however, was . . . .
