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Callimanopulos v. Christie’s Inc.

United States District Court for the Southern District of New York
621 F.Supp. 2d 127 (2009)

Written by Mary Pfotenhauer, JD

Facts

Christie’s Inc. (Christie’s) (defendant) put a valuable painting up for auction. There were two bidders on the painting, Gregory Callimanopulos (plaintiff) and Eli Broad. Callimanopulos bid $3 million on the painting. Joanne Heyler, Broad’s representative, raised her paddle to indicate a bid as the auctioneer was dropping his hammer to signal the close of bidding. After striking the hammer, the auctioneer declared that the painting was sold for $3 million, but upon being told by Christie’s employees that Heyler had signaled a bid, the auctioneer reopened the bidding and accepted Heyler’s intended bid. Broad, through Heyler, was eventually the highest bidder. Callimanopulos brought an action against Christie’s for a declaratory judgment that he and Christie’s had a binding contract for the sale of the painting. The district court granted a temporary restraining order prohibiting Christie’s from disturbing the video of the auction or transferring the painting to Broad. Callimanopulos moved for a preliminary injunction.

Rule of Law

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Holding and Reasoning (Pauley, J.)

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