Legal Opinion

Mandarin Trading Ltd. v. Wildenstein

New York Court of Appeals

Decided February 10, 2011PublishedCited by 681 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

In a dispute arising from the purchase and sale of the painting Paysage aux Trois Arbres by Paul Gauguin, this Court is asked to determine whether claims sounding in fraud, negligent misrepresentation, breach of contract, and unjust enrichment were properly pleaded in the plaintiff’s complaint.

In July 2000, J. Amir Cohen approached plaintiff Mandarin Trading Ltd.* to solicit interest in the purchase of the painting for investment purposes. Cohen explained that he could arrange a transaction for the sale and subsequent resale of the painting at an auction. Mandarin…

2Cases cited23 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  3. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  4. Kimmell v. SchaeferNew York Court of Appeals · 1996
  5. Lanzi v. BrooksNew York Court of Appeals · 1977

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3Cited by681 opinions

  1. Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
  2. Georgia Malone & Co. v. RiederNew York Court of Appeals · 2012
  3. Doctor Fred L. Pasternack v. Laboratory Corporation of America HoldingsNew York Court of Appeals · 2016
  4. NewSpin Sports, LLC v. Arrow Electronics, IncorporatCourt of Appeals for the Seventh Circuit · 2018
  5. Choi v. Tower Research Capital LLCCourt of Appeals for the Second Circuit · 2018

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