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Nakian v. DiLaurenti

673 F. Supp. 699 (1987)

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Nakian v. DiLaurenti

United States District Court for the Southern District of New York
673 F. Supp. 699 (1987)

  • Written by Heather Whittemore, JD

Facts

Reuben Nakian was a sculptor who was represented by DiLaurenti Galleries Ltd. (the gallery) (defendant). In 1985 Reuben and the gallery entered into an agreement (the agreement) under which the gallery was made Reuben’s sole agent tasked with holding Reuben’s art for exhibitions. In 1986 Reuben died, and his son, Paul Nakian (plaintiff), became the executor of Reuben’s estate. Disputes arose between Paul and the gallery, including a disagreement about the gallery’s possession of certain works of art that were owned by the family and not for resale and other works of art that were meant to be exhibited at a museum in Lisbon, Portugal, in 1988. At the time of the dispute, the Lisbon exhibit had been in development for four years. Despite this, the gallery had not given the museum access to the works of art that were to be exhibited. In 1987 Paul filed a lawsuit in federal district court against the gallery, seeking to rescind the agreement. Paul also filed a motion for a preliminary injunction requiring the gallery to return certain works of Reuben’s art, including the works meant for the exhibition in Lisbon. Paul argued that if those works of art were not exhibited as planned, Reuben’s estate would be irreparably harmed.

Rule of Law

Issue

Holding and Reasoning (Sweet, J.)

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