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Art Works Inc. v. Al-Hadid

Gallery Has No Ownership Interest in Proceeds From Sale of Unsold Sculpture

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 were read on this motion to             DISMISS. DECISION ORDER ON MOTION This dispute concerns ownership of a cast bronze sculpture created by defendant Diana Al-Hadid. In motion sequence no. 001, defendant moves, pursuant to CPLR 3211 (a) (1) and (a) (7), to dismiss the complaint. BACKGROUND The following facts are drawn from the complaint unless noted otherwise and are assumed to be true for purposes of this motion. Plaintiff operates the Marianne Boesky Gallery (NYSCEF Doc No. 11, Wendy J. Lindstrom [Lindstrom] affirmation, Ex F at 1). Plaintiff served as defendant’s gallery representative until 2019 (NYSCEF Doc No. 6, Lindstrom affirmation, Ex A,

6 and 8). During that time, plaintiff advanced funds, such as studio rent and fabrication, and framing and crating costs, to defendant to further her career (id., 7). In 2009, defendant created a bronze sculpture fabricated in a limited edition consisting of five sculptures (id.,

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