Plaintiff sued Live Art Market Inc. based on a sale of a painting subject to certain resale restrictions. Plaintiff asserted breach of contract; breach of warranty; breach of the implied covenant of good faith and fair dealing; and negligent misrepresentation.
U.S. District Judge J. Paul Oetken of the Southern District of New York found plaintiff sufficiently alleged breach of contract as defendant’s sale of the painting to plaintiff failed to comply with the contract’s requirements, potentially creating encumbrances on the painting’s title.
