On a motion to dismiss under CPLR 3211 (a) (7), the facts as alleged must be considered as true, and the court must accord a plaintiff the benefit of "every favorable inference." ( Leon v. Bich's Motion Seeking Dismissal of the Complaint under CPLR 3211 (a) (5) and (a) (7) The motion to dismiss is granted the motion to strike is denied as academic. She also moves under CPLR 3024 (b) to strike the entire complaint as a sanction for the inclusion of several allegations that she contends constitute scandalous or prejudicial material. Bich moves under CPLR 3211 (a) (5) and (a) (7) to dismiss plaintiffs' amended complaint in its entirety as barred by the statute of limitations or for failing to state a cause of action. As amended, the complaint asserts claims sounding in fraud, negligent misrepresentation, conversion, breach of fiduciary duty, and unjust enrichment. That expert concluded the works were "inauthentic"-notwithstanding the authenticity certification that had been provided by the dealer who had sold them to plaintiffs. at ¶¶ 61-62.) The consignee commissioned a recognized Giacometti expert to examine those works to determine their authenticity. at ¶ 58-59.)Īfter the artworks' return, plaintiffs consigned some of these artworks for sale. at 43-44.) Through counsel, she represented that she "has not retained any of the artwork" at issue and that "she is returning the exact pieces that were originally purchased." ( Id. Bich apparently arranged for a contractor to remove and pack the works for their retrieval by plaintiffs. Bich began denying the Bich Children access to the various artworks at issue (or to the apartments in which those works were displayed), and refused for months to return them. Bich and her late husband Bruno Bich ( id. at ¶ 30.) The amended complaint alleges that beginning in early 2020, in parallel to the "precipitous deteriorat" of the relationship between Ms. These artworks were originally displayed in apartments in Paris and New York, where Ms. at ¶¶ 5, 12.) Plaintiffs do not identify the other $400,000 or so in purchased artworks, nor when they were purchased. 21 at ¶¶ 23, 28, and 9 n 1.) The amended complaint also alleges that the total spent by plaintiffs on works believed to be created by Giacometti was "more than $3,500,000." ( Id. The amended complaint alleges that, on February 2022 Euro/Dollar exchange rates, the 13 enumerated works were purchased for a total of approximately $3.07 million. Bich allegedly caused the BB Trust to buy without realizing that the painting had been stolen. The amended complaint also references an unidentified "masterpiece painting" that Ms. 21 at ¶¶ 21-28.) The amended complaint identifies 13 such works, purchased between July 2011 and May 2017, and states that those 13 are only some of the works at issue. Bich's advice and direction, in the belief that they were created by Diego Giacommetti. This action primarily concerns numerous works of sculpture and furniture that plaintiffs purchased, allegedly at Ms. The motion to dismiss is granted the motion to dismiss is denied as academic. Bich now moves to dismiss plaintiffs' action and to strike the amended complaint for including prejudicial material. Bich's returning only copies of those artworks to plaintiffs, instead of the real thing. Bich, asserting that she is liable to them for harms resulting from the Giacometti artworks being fake-or, perhaps, from Ms. The Bich Children, acting individually and on behalf of several family trusts, brought this action against Ms. ) Another set of rulings by this court in that Bich v Bich action is being issued concurrently with this decision. When the works were finally returned to them, plaintiffs contend, the works proved to be "inauthentic." (NYSCEF No. Bich to deny the Bich Children access to these artworks for the better part of a year. Several years later, bitter family quarreling is alleged to have led Ms. Bich's direction, they spent approximately $3.5 million for numerous works of art by Diego Giacometti (brother of Alberto). Bich), over money, property, art, and other assets. The current action represents another facet of the multiyear, multi-million-dollar dispute between plaintiffs Gonzalve, Charles, and Guillaume Bich (Bich Children) and their mother, defendant Veronique Bich (Ms. Tewiah of counsel), and Mosberg Sharma Stambleck Gross LLP, New York, NY (Heidi Harris of counsel), for defendant. Glenn Agre Bergman & Fuentes LLP, New York, NY (Michael Paul Bowen, Tian "Skye" Gao, and Jewel K. Kenny Jr., and Sean W.Vallancourt of counsel), for plaintiffs. Wiggin & Dana LLP, New York, NY (Steven B.
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