ACA Galleries, Inc. v. Kinney

OPINION AND ORDER

CEDARBAUM, District Judge.

ACA Galleries, Inc. (“ACA”), a New York corporation, sues Joseph Kinney, a citizen of North Carolina, for selling it a forged Milton Avery painting. The complaint contains three claims. Although count one alleges breach of contract, ACA’s papers in support of its motion for summary judgment disclose that ACA is really seeking rescission of the contract under the doctrine of mutual mistake. Counts two and three allege fraudulent conduct by Kinney. ACA seeks to recover the $200,000 that it paid for the painting, plus attorney’s fees and punitive…