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Al Hirschfield Foundation v. Margo Feiden Galleries Ltd.

438 F. Supp. 3d 203 (2020)

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Al Hirschfield Foundation v. Margo Feiden Galleries Ltd.

United States District Court for the Southern District of New York
438 F. Supp. 3d 203 (2020)

Facts

The Al Hirschfield Foundation (AHF) (plaintiff) sued Margo Feiden Galleries Ltd. and its owner, Margo Feiden (collectively, MFG) (defendants), resulting in protracted litigation. AHF alleged, among other things, that MFG converted certain artworks by cartoonist Al Hirschfield that AHF had consigned to MFG. The district court issued various orders throughout the litigation, including (1) orders requiring MFG to return consigned artworks to AHF, (2) orders requiring MFG to produce records related to consigned works, and (3) an order prohibiting MFG from selling any consigned works without AFH’s approval. After the district court granted summary judgment in AHF’s favor and set an evidentiary hearing to determine damages, MFG announced that it recently discovered four of the missing artworks on its premises, as well as records regarding Feiden’s sale of a fifth work. AHF filed a motion asking the court to impose civil-contempt sanctions on MFG for violating the court’s earlier orders by (1) failing to reveal its possession of some of the missing works, (2) failing to produce records, and (3) selling a work without AHF’s permission. The district court considered AFH’s motion.

Rule of Law

Issue

Holding and Reasoning (Engelmayer, J.)

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