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DW Prop. v. Live Art Mkt. Inc.

Negligent Misrepresentation Claim Survives Over Restrictions on Ability to Sell Painting

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OPINION AND ORDER Plaintiff DW Properties brings this action against Defendant Live Art Market, Inc. (“Live Art”) based on a sale of a painting subject to certain resale restrictions. DW Properties asserts claims of breach of contract, breach of warranty, breach of the implied covenant of good faith and fair dealing, and negligent misrepresentation. Before the Court is Defendant’s motion to dismiss the complaint for failure to state a claim. For the reasons that follow, the motion is granted in part and denied in part. I. Background A. Factual Background The following facts are drawn from the allegations in the amended complaint, which are presumed true for the purpose of resolving Defendant’s motion to dismiss. (See ECF No. 16 (“FAC”).) Plaintiff DW Properties is a Belgian company whose principal, Sacha Daskal, is a collector of contemporary art. (Id.

4, 14-15.) Daskal has purchased approximately fifteen pieces of art from Defendant Live Art, which is a global art trading platform that helps conduct the discovery, sales, and distribution of art. (Id.

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