Al Hirschfeld Foundation v. Margo Feiden Galleries Ltd.
438 F.Supp.3d 203 (2020)
Facts
On May 8, 2019, the Court issued an opinion and order granting partial summary judgment to P on its claims of conversion with respect to a set of Hirschfeld drawings that P had consigned to Ds but for which Ds had been unable to account. As to seven of the missing drawings, the Court held, there was a need for a factual determination as to the value of these works, to enable the Court to determine damages. The Court scheduled an evidentiary hearing. Ds revealed that it had recently found four of the missing works on its premises, along with documentary records of D's sale, in October 2016, of a fifth. The Court, on November 22, 2019, resolved the damages due to P for the conversion of the works at issue. P sought sanctions for Ds' failure to reveal earlier that they in fact possessed some of the missing consigned works; for Ds' failure to return those works to P; for Ds' November 2016 sale of 'Pauline Kael' in violation of a court order preventing such a sale; and for Ds' failure to produce documents relating to that sale. On November 26, 2019, P moved for a finding of civil contempt and imposition of corresponding sanctions, submitting a memorandum of law and supporting declarations.
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