TONY SHAFRAZI GALLERY, INC., PLAINTIFF, GUIDO ORSI, Plaintiff-Appellant-res, v. CHRISTIE'S INC., FORMERLY KNOWN AS CHRISTIE, MANSON & WOODS INTERNATIONAL, INC., Defendant-res-ap, JOHN DOE 1 def

8917-8918. TONY SHAFRAZI GALLERY, INC., PLAINTIFF, GUIDO ORSI, Plaintiff-Appellant-res, v. CHRISTIE'S INC., FORMERLY KNOWN AS CHRISTIE, MANSON & WOODS INTERNATIONAL, INC., Defendant-res-ap, JOHN DOE 1 def — Aaron Richard Golub, P.C., New York (Nehemia S. Glanc of counsel), for appellant-res — Andrews Kurth LLP, New York (Joseph A. Patella of counsel), for res-res — Order, Supreme Court, New York County (Herman Cahn, J.), entered November 17, 2008, which, insofar as appealed from as limited by the briefs, granted defendant Christie's motion for summary judgment dismissing the breach of contract and breach of warranty causes of action, and order, same court (Shirley Werner Kornreich, J.), entered November 23, 2011, which granted defendant's motion for summary judgment dismissing the remaining fraud claims, unanimously affirmed, without costs.

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8917-8918. TONY SHAFRAZI GALLERY, INC., PLAINTIFF, GUIDO ORSI, Plaintiff-Appellant-res, v. CHRISTIE’S INC., FORMERLY KNOWN AS CHRISTIE, MANSON & WOODS INTERNATIONAL, INC., Defendant-res-ap, JOHN DOE 1 def — Aaron Richard Golub, P.C., New York (Nehemia S. Glanc of counsel), for appellant-res — Andrews Kurth LLP, New York (Joseph A. Patella of counsel), for res-res — Order, Supreme Court, New York County (Herman Cahn, J.), entered November 17, 2008, which, insofar as appealed from as limited by the briefs, granted defendant Christie’s motion for summary judgment dismissing the breach of contract and breach of warranty causes of action, and order, same court (Shirley Werner Kornreich, J.), entered November 23, 2011, which granted defendant’s motion for summary judgment dismissing the remaining fraud claims, unanimously affirmed, without costs.

As to the fraud claims, the record contains no evidence sufficient to raise an issue of fact whether defendant acted with the requisite intent (see Eurycleia Partners, LP v. Seward & Kissel, LLP, 12 NY3d 553, 559 [2009]). Nor does the record support plaintiff Orsi’s contention that defendant acted recklessly in accepting the painting for consignment (see State Street Trust Company v. Ernst 278 NY 104 [1938]).

TONY SHAFRAZI GALLERY, INC., PLAINTIFF, GUIDO ORSI, Plaintiff-Appellant-res, v. CHRISTIE'S INC., FORMERLY KNOWN AS CHRISTIE, MANSON & WOODS INTERNATIONAL, INC., Defendant-res-ap, JOHN DOE 1 def

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