LEW NUSSBERG, ETC., plf-res, v. GARY TATINTSIAN, ETC. def-ap, VIKTORIA PUKEMOVA, def

10995. LEW NUSSBERG, ETC., plf-res, v. GARY TATINTSIAN, ETC. def-ap, VIKTORIA PUKEMOVA, def — Clarick Gueron Reisbaum LLP, New York (Gregory A. Clarick of counsel), for ap — Franzino & Scher, LLC, New York (Davida S. Scher of counsel), for res — Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 2, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion to preclude the lay testimony of certain witnesses on the identification and authenticity of the art works in question, and sua sponte granted plaintiff summary judgment for breach of contract under a 2009 Consignment Agreement, unanimously affirmed, with costs.

This action involves a series of 98 works from the Russian Suprematist school of art. Plaintiff consigned these works to defendants in 2009 pursuant to a series of written agreements. The defendants sold the works in Russia and have not paid plaintiff. Plaintiff sued for conversion, seeking return of the works, and defendants were permitted by this Court (90 AD3d 563 [1st Dept 2011]) to interpose the defense that the works that they accepted on consignment were forgeries.