Court of Chancery of Delaware

In an action brought by purchasers of a painting acquired at auction in 1986 for rescission against Christie's auction house alleging that Christie's committed fraud by intentionally concealing that the painting was not an original work of the artist, defendant's motion for summary judgment is granted where: 1) the record contained no evidence from which the court could reasonably infer scienter on the part of the auction house; and 2) the petition for rescission was not timely filed.

Appellate Information

• Decided 10/17/2006
• Published 10/30/2006

Judges

Court

• Court of Chancery of Delaware

Counsel

• For Appellant:
  
• Victor F. Battaglia, Sr., Esquire, Biggs and Battaglia, Wilmington, Delaware Attorneys for the Petitioners.


• For Appellees:
  
• Melanie K. Sharp, Esquire, Seth J. Reidenberg, Esquire, Young Conaway Stargatt & Taylor LLP, Wilmington, Delaware;  Michael E. Salzman, Esquire, Russell W. Jacobs, Esquire, Hughes Hubbard & Reed, LLP, New York, New York, Attorneys for the Respondent.