Scher v. Stendhal Gallery, Inc.

OPINION OF THE COURT

Friedman, J.

The primary issue on this appeal is whether plaintiff Paula Scher, an artist, or defendant Stendhal Gallery, Inc. (the Gallery), Scher’s former exclusive agent, owns 320 fine-art silkscreen prints made from Scher’s paintings that remained unsold upon the termination of the parties’ relationship.1 Pursuant to an oral agreement between the parties, the prints had been fabricated, with Scher’s close collaboration, by a printer hired and paid by the Gallery. Although the motion court adopted Scher’s contention that the question of the ownership of the prints is…