David Tunick, Inc. v. Kornfeld

838 F. Supp. 848 (1993)

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David Tunick, Inc. v. Kornfeld

United States District Court for the Southern District of New York
838 F. Supp. 848 (1993)

  • Written by Tammy Boggs, JD

Facts

David Tunick, Inc. (Tunick) (plaintiff) viewed, bid for, and purchased a specified printed artwork entitled Le Minotauromachie, signed by famed artist Pablo Picasso, from E.W. Kornfeld and his related art gallery (collectively, Kornfeld) (defendants). After accepting the print, Tunick learned that the Picasso signature was a forgery. Tunick immediately notified Kornfeld of Tunick’s belief that the signature was forged, demanded rescission of the sale, and tendered the print to Kornfeld. Shortly thereafter, Kornfeld offered to exchange the print for another print of Le Minotauromachie that had been signed by Picasso. Kornfeld believed the substitution would cure the initial nonconformity. Tunick sued Kornfeld, alleging breach of warranty and other claims. Kornfeld filed counterclaims, such as breach of contract. Kornfeld moved for summary judgment, arguing that Tunick could not prevail because even if the Picasso signature was forged on the first print, Tunick had refused to accept substitute conforming artwork as required under the Uniform Commercial Code (UCC).

Rule of Law

Issue

Holding and Reasoning (Edelstein, J.)

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