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Contracts Keyed to Burton
Eisenberg v. Hall
Citation:
147 A.D.3d 602, 48 N.Y.S.3d 71Facts
Jerome M. Eisenberg (plaintiff) was a self-proclaimed expert in classical antiquities and had a doctorate in Roman, Egyptian, and Near Eastern Art. Eisenberg secured a bust and statute for an art dealer Maurice E. Hall, Jr. (defendant). The bust was purported to be ancient Roman and the statute was purported to be Etruscan or Roman era. Hall believed both items to be ancient antiquities. It was later discovered that the bust was a modern artifact, and the statute was actually from the nineteenth or twentieth century. Eisenberg later sued Hall and Hall’s companies for breach of contract and sought summary judgment. Eisenberg’s motion for summary judgment on basis of mutual mistake was denied and he appealed.
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