Legal Opinion

Thome v. Alexander & Louisa Calder Foundation

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 2009PublishedCited by 78 opinions

1Opinion of the Court

*94OPINION OF THE COURT

Saxe, J.

This appeal arises out of plaintiffs efforts to obtain from defendant, the Alexander & Louisa Calder Foundation, a positive response, or any response, to his submission seeking its authentication of two theatrical stage sets and related material in his possession (the Work) that he claims were the work of renowned artist Alexander Calder. It raises the question of whether a private foundation such as this has any legal obligation either to the public at large or to owners of art work to authenticate that work.

The Calder Foundation is a private foundation formed in…

2Cases cited34 opinions

  1. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  2. EBC I, Inc. v. Goldman, Sachs & Co.New York Court of Appeals · 2005
  3. Carvel Corp. v. NoonanNew York Court of Appeals · 2004
  4. Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
  5. NBT Bancorp Inc. v. Fleet/Norstar Financial Group, Inc.New York Court of Appeals · 1996

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3Cited by78 opinions

  1. Schroeder v. Pinterest Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. De Sole v. Knoedler Gallery, LLCDistrict Court, S.D. New York · 2013
  3. Chevron Corp. v. DonzigerDistrict Court, S.D. New York · 2012
  4. Martin Hilti Family Trust v. Knoedler Gallery, LLCDistrict Court, S.D. New York · 2015
  5. In Touch Concepts, Inc. v. Cellco PartnershipDistrict Court, S.D. New York · 2013

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