Moustakis v. Christie's, Inc.

This action arises out of an auction of memorabilia from the Star Trek television series and motion pictures. Contrary to plaintiffs contention that defendant Christie’s had represented the commander data uniform to be one of a kind, no such representation was ever made in the auction catalogue. Significantly, the conditions of sale, which plaintiff accepted in order to be allowed to participate in the bidding process, expressly declared that “all property is sold ‘as is’ without any representation or warranty of any kind by Christie’s or the seller.” UCC 2-316 (3) (a) recognizes that “unless…