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Hicks v. Leslie Feely Fine Art LLC

Gallery Must Disclose Identity of Painting's Buyer in Replevin Action Alleging Conversion

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OPINION & ORDER Abstract painter Marianne Hicks brings this action against Leslie Feely Fine Art, LLC (the “Gallery”), an art gallery located in New York City, and one of its buyers, John Doe, for conversion of a painting that the Gallery sold to defendant John Doe for $40,000.00 as a work of the abstract expressionist painter Friedel Dzubas. Hicks alleges that she and not Dzubas painted the work and further seeks replevin of it from Doe. Pending before the Court is Hicks’ motion to compel the Gallery to disclose Doe’s identity. For the reasons set forth below, the motion to compel is GRANTED. I. FACTUAL AND PROCEDURAL BACKGROUND A. Facts Alleged In Complaint Hicks is an abstract painter who resides in Pennsylvania. Compl. 16 (Doc. 1). Dzubas was a renowned German-American abstract expressionist painter associated with the Color Field style, a post-World War II artistic movement. Id. 24; Affidavit of Wesley Frantz (“Frantz Aff.”), Ex. 1 (Doc. 1-1). Dzubas became prominent in the 1950s and 1960s, and his paintings have sold for hundreds of thousands of dollars. Compl.

24-25. In approximately 1979, when Dzubas was 65 years old and Hicks was a 26-year-old student at the School of the Museum of Fine Arts in Boston, Dzubas and Hicks met and began a romantic relationship. Id.

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