Alexander v. Spanierman Gallery, LLC

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered September 22, 2008, which granted plaintiffs renewed motion for summary judgment and compelled defendants Buckley-Weyside and Buckley to turn over to plaintiff the Edgar Degas sculpture entitled “Danseuse Regardant La Plante de son Pied Droit,” unanimously affirmed, with costs.

At the time Thomas A. Doyle sold the sculpture in question to defendant Universe Antiques, on December 21 or 22, 2004, he had possessed it only for the purpose of its authentication. As such, there was no delivery from plaintiff to him “under a…