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Graffman v. Espel

United States District Court for the Southern District of New York

1998 WL 55371 (1998)

Facts

Sture Graffman (plaintiff) authorized Miguel Espel (defendant) to act as his agent in selling Graffman’s valuable painting. Espel asked Michael Delecea (defendant) to assist with the sale, and Espel delivered the painting to Delecea’s custody. Graffman made no objection, knowing Delecea to be a reputable art dealer. Avanti Gallery (Avanti) (defendant) purchased the painting from Delecea and resold it to two good customers, John and Jane Doe (defendants). When none of the purchase money reached Graffman, he charged Espel, Delecea, Avanti, and the Does with conversion and sued them in federal court.

Rule of Law

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Issue

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Holding and Reasoning (Kram, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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