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Waran v. Christie's Inc.

Nothing Showed Auction House's Assurances of Works' Provenance False; Fraud Suit Dismissed

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OPINION & ORDERSandran Waran (“Waran”) brings this diversity action for fraud against Christie’s Inc. (“Christie’s”) in connection with Christie’s sale of two Asian antiquities. Christie’s moves for summary judgment, claiming that Waran fails to establish a misstatement, scienter, or damages. Christie’s also asserts that Waran’s claim is time-barred. For the reasons that follow, Christie’s motion for summary judgment is granted, and this action is dismissed.BACKGROUNDIn March 2005, Waran purchased a sculpture titled “Blackstone Stele of Vishnu on Garuda” (the “Blackstone Stele”) for $40,704 at auction from Christie’s. (Affirmation of R. Zachary Gelber, Esq. in Opposition to Defendant’s Motion for Summary Judgment, ECF No. 78 (“Gelber Affirm.”), Ex. 4 (“Blackstone Invoice”).) In its March 2005 Indian and Southeast Asian Art Catalog, Christie’s represented that the Blackstone Stele was created in twelfth century northeastern India, and that its provenance was “of a Boston Collection,” which had “[a]cquired [it] in 1993.” (Gelber Affirm., Ex. 3 (“2005 Catalog”), at 37.) Before Waran’s purchase, Christie’s policy was to accept information regarding provenance from consignors at face value. (Defendant’s Response to Plaintiff’s Counter-Statement Pursuant to Local Civil Rule 56.1, ECF No. 91 (“Def.’s Response”),

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