Motion To Dismiss Denied In Dispute Over Warhol Prints

Marc Rowin and Katerina Duarte were successful in defeating a motion to dismiss a lawsuit to determine the ownership of four prints by noted artist Andy Warhol. Lynch Rowin’s client had stored the Warhol prints at a self-storage facility in Los Angeles. Although she had given the self-storage facility her credit card, they claimed she had failed to pay storage charges, imposed a lien and auctioned off her possessions, including the prints. The Warhol prints were then sold at auction at Christie’s, the international auction house. Christie’s agreed to hold the net sales proceeds to allow a court to determine whether Lynch Rowin’s client or the person who had consigned the prints for sale was the rightful owner.

Christie’s consignor asked Supreme Court, New York County to dismiss the lawsuit or, alternatively, to require the issue of ownership to be determined in Los Angeles. Justice Anil Singh denied the motion, holding that Lynch Rowin’s client had stated a valid cause of action and that litigating in New York would not impose an undue burden on New York courts.


Marc Rowin