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Hanson v. Hanson

Court Explains Rejection of Counterclaims Raised in Action Over Painting's Ownership

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OPINION AND ORDER Plaintiff Wesla Hanson brought this action against her estranged daughter-in-law, Defendant Shannon Hanson, to resolve issues concerning the ownership of a painting. Defendant then counterclaimed to allege breach of an oral agreement pursuant to which Defendant was to perform services related to the renovation of an apartment unit in exchange for a percentage of the proceeds from the sale or rental of that unit. Plaintiff now moves to dismiss Defendant’s counterclaims on various grounds and, for the reasons set forth herein, her motion to dismiss is granted.BACKGROUND1A. The ComplaintPlaintiff Wesla Hanson filed this action on January 25, 2018, seeking the return of a photorealist painting by John Baeder, titled “Blue Sky Diner,” which Plaintiff alleges is in the wrongful possession of Defendant. (Compl. 2). Specifically, Plaintiff alleges that she and her late husband purchased the painting from the Baeder Gallery in 1975 and, since her husband’s passing in 1996, she has been the sole owner of the painting. (Id. at

12-17). However, Plaintiff permitted her son, Duane Hanson, to display the painting in his home. (Id. at 18). Defendant is, or was at one point, married to Duane Hanson. (Id. at 6).2 At some point during 2017, Defendant removed the painting from Duane Hanson’s home without permission from Plaintiff. (Id. at 20).Plaintiff first learned that Defendant was in possession of the painting in or about November 2017, at which point both Plaintiff and her son demanded that Defendant return the painting to Plaintiff. (Compl.

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