Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Swan v. Sotheby's Inc.

Conversion, Replevin, Other Claims Over Basquiat Drawing Not Plausibly Alleged

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER GRANTING MOTION T O DISMISS Plaintiff Phyllis Swan brings this action against Sotheby’s Inc. (“Sotheby’s”) and Robert Everett Page IV (collectively, “Defendants”) asserting five claims: (1) conversion, (2) replevin, (3) declaratory judgment, (4) abuse of process, and (5) aiding and abetting conversion. Defendants move to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion to dismiss is GRANTED. BACKGROUND1 This case involves a dispute about the ownership of a drawing by artist Jean-Michel Basquiat (the “Drawing”). See Drawing [ECF No. 10-1]. Swan contends that the Drawing was a business asset owned by a business called “Fertility” that she co-owned with her partner, Isaia Rankin, in the 1980s. First Amended Complaint

15-24 [ECF No. 10] (“FAC” or “Complaint”). After Rankin passed away in 1989, employees “looted the belongings” at two of Fertility’s business locations and took items “without [Swan] or [Rankin's] estate’s permission.” FAC 25. One of Fertility’s employees at the time was Defendant Page. FAC 22. Within “a few years” of Rankin’s death, Swan began looking for the missing Drawing. FAC 26. Her search continued for “almost 30 years.” FAC 29. In 2019, Swan learned from a friend that Sotheby’s was offering the Drawing at auction. FAC 30. Sotheby’s had consigned the Drawing from Page, who claimed that Rankin gifted him the Drawing shortly before Rankin’s death. FAC 41. The Drawing was ultimately sold for $40,000 in October 2019. FAC 99. In early October, Swan contacted Sotheby’s, contending that she was the true owner of the Drawing. FAC

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements