The plaintiffs sued the defendant art gallery for damages to a plaster sculpture allegedly attributed to Auguste Rodin, which was loaned to the gallery for a failed 'art flip' tax scheme.
The defendant brought a motion for summary judgment to dismiss the action as statute-barred and for judgment on its counterclaim for unpaid storage fees.
The court found that the plaintiffs' agents knew of the damage more than two years before the action was commenced, and this knowledge was imputed to the plaintiffs.
The court granted summary judgment, dismissing the plaintiffs' action as statute-barred and awarding the defendant $8,522.55 on its counterclaim for storage costs.
