Arthur Properties S.A. v. ABA Gallery, Inc. et al
| Arthur Properties S.A. |
| ABA Gallery, Inc., Anatoly Bekkerman and John Does No. 1 through 100 |
| 1:2011cv04409 |
| June 29, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Lewis A. Kaplan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
33
MEMORANDUM OPINION re: 26 MOTION to Dismiss the Third Amended Complaint filed by ABA Gallery, Inc., Anatoly Bekkerman. For the foregoing reasons, defendants motion to dismiss the TAC [DI 26] is granted as to the first, second, and fourth cl aims for relief and so much of the fifth claim for relief as seeks rescission based on defendants alleged representations regarding the true market value of the relevant paintings. The motion is denied in all other respects. (Signed by Judge Lewis A. Kaplan on 7/16/2012) (mro)
|
|
Filing
22
MEMORANDUM OPINION: APs cross-motion for leave to amend [DI 16] is granted, the proposed second amended complaint is deemed served this day, and the defendants motion to dismiss the first amended complaint is deemed applicable to the second amended c omplaint. Defendants motion to dismiss [DI 11] is granted as to the second, third, fourth, fifth, sixth, and seventh claims for relief and so much of the first claim for relief as seeks recovery for alleged breach of an express warranty with respect to the fair market value of the paintings, all as set forth in the second amended complaint. The motion is denied in all other respects. As it is not clear that plaintiffs are incapable of alleging fraud with regard to the claims about the authentici ty of the four allegedly forged paintings, the dismissal of the third, fourth, and seventh claims is without prejudice to the filing, on or before 12/12/2011, of an amended complaint alleging fraud claims with respect to the authenticity of those four paintings. (Signed by Judge Lewis A. Kaplan on 11/28/2011) (ft)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
