141 A.D.3d 442
N.Y. App. Div.
2016

Kurt Beck, Also Known as Curt Beck, as Executor of Ann Beck, et al., Heirs of Margaret Kainer, Appellants, v Christie‘s Inc., Respondent.

Appellate Division of the Supreme Court of New York, First Department

2016

34 NYS3d 58

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered October 26, 2015, which, granted defendant‘s motion to dismiss the complaint, with prejudice, and denied as moot plaintiffs’ cross motion to consolidate this action with another action, unanimously affirmed, without costs.

This appeal stems from the November 3, 2009 sale at a Christie‘s New York auction of a pastel drawing, entitled Danseuses, created by Edgar Degas in 1896. Defendant Christie‘s offered the drawing for sale at auction, on behalf of an undisclosed private seller. Plaintiffs allege that the Christie‘s catalogue entry listed the drawing‘s provenance, in relevant part, as “Ludwig and Marg[a]ret Kainer, Berlin; sale Leo Spik,