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Art Law Keyed to Gerstenblith, 4th Ed.
Greenwood v. Koven
Citation:
880 F. Supp. 186 (1995)Facts
Jane Koven owned a pastel purportedly created by Georges Braque, purchased from the Rosenberg Gallery in 1948 for $1,400. In December 1989, Koven entered into a Consignment Agreement with Christie’s auction house to sell the pastel. The agreement incorporated Christie’s standard Conditions of Sale and Limited Warranty, gave Christie’s complete discretion in seeking expert opinions, and authorized Christie’s to rescind sales if it determined in its sole judgment that it might be subject to liability. Christie’s specialists examined the pastel and concluded it was authentic based on visual qualities and provenance. The pastel was extensively promoted and sold at auction on May 16, 1990, to Barbaralee Diamonstein for $600,000. Diamonstein subsequently raised authenticity questions. Christie’s sought documentation from Koven and provided assurances to Diamonstein, but Diamonstein demanded written verification from a scholar. Christie’s contacted Claude Laurens, holder of the droit moral for Braque under French law, through his son Quentin. In January 1991, Quentin Laurens informed Christie’s he did not believe the pastel was Braque’s work and refused to issue a certificate of authenticity. Christie’s then rescinded the sale, refunded Diamonstein’s purchase price, and demanded return of proceeds from Koven, who refused.
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