Second Circuit - Art Litigation: Claim Over Painting Time-Barred But Claim For Frame Timely

In Marchig v. Christie's, 11-461-cv (July 12, 2011)(summary order), a plaintiff consigned an artwork to Christie's in 1997 she thinks it was painted by Michelangelo's tutor.   Christie's tells her it is a nineteenth-century German work. Christie's advises her to change the frame, then sell it.   She ok's the sale, but says nothing about the frame. Christie's sells the painting in 1998 for $21,850.  In 2009 Christie's tells her it is probably a work by Leonardo da Vinci.   She sues in 2010, claiming the work is worth $150 million.

A short, informative and Solomonic opinion on the law of consignments, sales, and authentication claims.

Marchig v Christie's

Result:  claim against the painting is time-barred, but the Second Circuit reversed and remanded, holding that the claim for the return of the frame was timely.

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