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Su v. Sotheby's Inc.

Vessel's Consignor for Auction Is Denied Judgment on Title Slander, Conversion Claims

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ADDDITIONAL CASES Sotheby’s, Inc., Counter-Claimant v. Wei Su, Hai Juan Wang, and Yeh Yao Hwang Counterclaim-Defendants. Yeh Yao Hwang, Cross-Claimant v. Wei Su and Hai Juan Wang, Cross-Defendants. Wei Su and Hai Juan Wang, Cross-Claimants v. Yeh Yao Hwang, Cross-Defendant. MEMORANDUM OPINION AND ORDER This action concerns the disputed ownership of a Chinese artifact, the Zhou Zha Hu (“Vessel”), a bronze wine vessel from 10th to 9th Century B.C. Am. Compl. (Dkt. 89) 9. Defendant Sotheby’s, Inc. commenced an interpleader action against Wei Su and Hai Juan Wang (Su’s agent) (collectively “Su”) and Yeh Yao Hwang (“Yeh”). Both of the interpleader defendants have asserted ownership claims to the Vessel, which had been consigned by Su to Sotheby’s for auction. See Sotheby’s Answer and Counterclaim (Dkt. 101) at 9-10. Yeh has filed a cross-claim against Plaintiffs for conversion; Su has in turn cross-claimed against Yeh for slander of title. See Yeh Answer and Cross-Claims (Dkt. 104) at 7; Su Answer to Cross-Claim and Cross-Claim (Dkt. 105) at 5. Before the Court now are Yeh’s motion to dismiss Su’s cross-claim for slander of title, which is GRANTED, and Su’s motion for judgment on the pleadings, which is DENIED. BACKGROUND On or about July or August 2014, Plaintiffs consigned the Vessel to Sotheby’s for auction. Am. Comp. (Dkt. 89) 14; Sotheby’s Answer and Counterclaim (Dkt. 101) at 11. On September 3, 2014, Yeh contacted Sotheby’s and asserted an ownership interest in the Vessel. See Sotheby’s Answer and Counterclaim (Dkt. 101) 13; Yeh Answer and Cross-Claim (Dkt. 104) 13. Sotheby’s withdrew the Vessel from auction and retained possession pending determination of the Vessel’s true owner. See Am. Compl. (Dkt. 89)

16-19; Sotheby’s Answer and Counterclaim (Dkt. 101)

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