Justice Ramos
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THIS WAS an action involving the rescission of the sale of a bronze sculpture by Pablo Picasso. Plaintiff Christie’s and defendant company had signed an agreement authorizing Christie’s to sell the sculpture on behalf of defendant. The agreement granted Christie’s the right to rescind the sale under certain circumstances. The sculpture was sold to a nonparty art collector, but it was rescinded because Christie’s later stated the sculpture was not authentic. Christie’s thus demanded a refund of the purchase price. Defendant moved for summary judgment arguing that the circumstances for rescission were not met. The court denied defendant’s motion. It concluded that even though Christie’s decision to rescind appeared to have been motivated more by rumor and speculation, a fact finder had to decide whether this belief was reasonable. The thus court held that it could not determine as a matter of law whether the condition for rescission set forth in the agreement was met.