Précis
Foxley, the purchaser of a painting from Sotheby’s which was represented to be the work of Mary Cassatt, mistakenly believed that it had been authenticated by a Cassatt expert. After the Cassatt Committee questioned 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, he withdrew it from a Sotheby’s auction but kept his other artwork in the auction, allegedly in exchange for a refund of the purchase price. He filed suit against Sotheby’s for
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,
negligent misrepresentation
A careless or inadvertent false statement in circumstances where care should have been taken (Black’s Law Dictionary (8th ed. 2004)).
negligent misrepresentation,
breach of contract
Violation of a contractual obligation by failing to perform one's own promise, by repudiating it, or by interfering with another party's performance (Black’s Law Dictionary (8th ed. 2004)).
breach of contract and negligently conducted appraisals. The court granted
summary judgment
A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial (Black’s Law Dictionary (8th ed. 2004)).
summary judgment to . . . .
