Mirvish v. Mott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
DeGrasse, J.
The petition’s prayer for relief calls for a declaration that petitioner is the owner of a 1,100-pound bronze sculpture, by the noted sculptor Jacques Lipchitz, known as The Cry. In addition, the petition sets forth claims sounding in conversion, replevin and constructive trust, and calls for ancillary relief under the Surrogate’s Court Procedure Act. Petitioner claims that the sculpture was gifted to his assignor, Biond Fury, by the decedent, Yulia H. Lipchitz. The gift was allegedly effected by way of a handwritten instrument which reads: “I gave this…
2Cases cited17 opinions
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
- Sporn v. MCA Records, Inc.New York Court of Appeals · 1983
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- Gruen v. GruenNew York Court of Appeals · 1986
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3Cited by7 opinions
- Ironforge. Com v. Paychex, Inc.District Court, W.D. New York · 2010
- Clark Street Wine & Spirits v. Emporos Systems Corp.District Court, E.D. New York · 2010
- Beach v. Touradji Capital Management L.P.Appellate Division of the Supreme Court of the State of New York · 2011
- Mirvish v. MottNew York Court of Appeals · 2012
- Liberty Life Assurance Co. v. BahanCourt of Appeals for the Second Circuit · 2011
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