Am.-Eur. Art Assocs., Inc. v. Trend Galleries, Inc., 32 U.C.C. Rep. Serv. 2d (West) 419 (N.Y. App. Div. 1996). · Go Syfert
Am.-Eur. Art Assocs., Inc. v. Trend Galleries, Inc., 32 U.C.C. Rep. Serv. 2d (West) 419 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
78 citation events (71 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Abrams, Richard N. v. Unity Mutual Life
7th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
plaintiffs may not utilize a quantum meruit theory of recovery to circumvent the statute of frauds
examined Cited as authority (quoted) Ray Legal Consulting Group v. Dijoseph (2×)
S.D.N.Y. · 2014 · quote attribution · 2 verbatim quotes · confidence low
the second cause of action for breach of an implied duty of good faith and fair dealing by defendants ... was also properly dismissed for lack of a valid and binding contract from which such a duty would arise.
examined Cited as authority (quoted) Ellis v. Provident Life & Accident Insurance (2×)
S.D.N.Y. · 1998 · quote attribution · 2 verbatim quotes · confidence low
... plaintiffs may not utilize a quantum meruit theory of recovery to circumvent the statute of frauds
discussed Cited as authority (rule) Tokayer v. Kosher Sports, Inc.
N.Y. App. Div. · 2024 · confidence medium
Under the circumstances, plaintiff did not have a "reasonable expectation of being compensated" by Katz personally ( American-European Art Assoc. v Trend Galleries , 227 AD2d 170, 171 [1st Dept 1996]; see Martin H.
discussed Cited as authority (rule) Inspirit Dev. & Constr., LLC v. GMF 157 LP
N.Y. App. Div. · 2022 · confidence medium
The court correctly dismissed the third-party complaint, which alleges fraud against plaintiff's president/managing partner ( see American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1st Dept 1996]). "[T]he only fraud charged relates to an alleged breach of contract" ( id.).
cited Cited as authority (rule) Maltbie's Garage Company, Inc. v. General Motors LLC
N.D.N.Y. · 2021 · confidence medium
Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170, 171 (1st Dep't 1996); Schorr v. Guardian Life Ins.
discussed Cited as authority (rule) Reznick v. Bluegreen Resorts Management, Inc.
N.Y. App. Div. · 2017 · confidence medium
“Generally, a party alleging a breach of contract must ‘demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement’ ” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 181-182 [2011], quoting American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1996]).
discussed Cited as authority (rule) Saul v. Cahan
N.Y. App. Div. · 2017 · confidence medium
Indeed, he asserted in the amended complaint that he made purchases of art works independent of Cahan’s advice and counseling. *950 Moreover, contrary to the plaintiff’s contentions, the Supreme Court properly granted dismissal of the cause of action alleging breach of contract for failure to state a cause of action. “[A] party alleging a breach of contract must ‘demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement’ ” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 181-182 [2011], quoting American-Eur opean Art Asso…
examined Cited as authority (rule) Jeranek v. Gritzer (3×) also: Cited "see, e.g."
N.Y. Sup. Ct. · 2016 · confidence medium
This argument must be rejected since plaintiff may not utilize an equitable theory of recovery to circumvent the statute of frauds ( see Wings Assoc. v Warnaco, Inc. , 269 AD2d 183, 184 [1st Dept 2000], lv denied 95 NY2d 759 [2000]; American-European Art Assoc. v Trend Galleries , 227 AD2d 170, 171 [1st Dept 1996]). "[T]he necessity of a writing may not be circumvented by the simple expedience of recasting the [cause of] action as one seeking damages for unjust enrichment" ( J.E.
discussed Cited as authority (rule) Kamdem-Ouaffo v. PepsiCo, Inc.
S.D.N.Y. · 2016 · confidence medium
See Ray Legal Consulting Grp. v. DiJoseph, 37 F.Supp.3d 704, 727 (S.D.N.Y.2014) (holding that “an action for breach of the implied covenant of good faith and fair dealing of [an] agreement cannot lie against” those who were not party to it); Am.-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1996) (dismissing a “cause of action for breach of an implied duty of good faith and fair dealing by [the] defendants” due to the absence “of a valid and binding contract from which such a duty would arise”).
discussed Cited as authority (rule) Braunstein v. Braunstein
N.Y. App. Div. · 2015 · confidence medium
“Generally, a party alleging a breach of contract must ‘demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement’ ” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 181-182 [2011], quoting American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1996]; see Canzona v Atanasio, 118 AD3d 837, 838-839 [2014]).
discussed Cited as authority (rule) Canzona v. Atanasio
N.Y. App. Div. · 2014 · confidence medium
“Generally, a party alleging a breach of contract must ‘demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement’ ” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 181-182 [2011], quoting American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1996]).
discussed Cited as authority (rule) Canzona v. Atanasio
N.Y. App. Div. · 2014 · confidence medium
“Generally, a party alleging a breach of contract must ‘demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement’ ” (Mandarin Trading Ltd. v Wildenstein, 16 NY3d 173, 181-182 [2011], quoting American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1996]).
discussed Cited as authority (rule) Toll v. Tannenbaum
E.D. Pa. · 2013 · confidence medium
Co., 1998 WL 60954 , at *6 (dismissing quantum meruit claim where plaintiff had not rendered any services or conferred any benefit to defendant); American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1st Dept.1996) (dismissing quantum meruit claim where no benefit had been conferred to defendant). .
cited Cited as authority (rule) Hixon v. 12-14 East 64th Owners Corp.
N.Y. App. Div. · 2013 · confidence medium
Fletcher v Dakota, Inc., 99 AD3d 43 , 56 [1st Dept 2012], citing American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171-172 [1st Dept 1996]).
cited Cited as authority (rule) Hixon v. 12-14 East 64th Owners Corp.
N.Y. App. Div. · 2013 · confidence medium
Fletcher v Dakota, Inc., 99 AD3d 43 , 56 [1st Dept 2012], citing American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171-172 [1st Dept 1996]).
discussed Cited as authority (rule) Fletcher v. Dakota, Inc.
N.Y. App. Div. · 2012 · confidence medium
However, it should be dismissed as against Barnes, because the complaint does not allege that Barnes committed independent tortious conduct outside of his role as a board member (see American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171-172 [1996]).
discussed Cited as authority (rule) Fletcher v. Dakota, Inc.
N.Y. App. Div. · 2012 · confidence medium
However, it should be dismissed as against Barnes, because the complaint does not allege that Barnes committed independent tortious conduct outside of his role as a board member (see American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171-172 [1996]).
cited Cited as authority (rule) National Gear & Piston, Inc. v. Cummins Power Systems, LLC
S.D.N.Y. · 2012 · confidence medium
Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1996)).
cited Cited as authority (rule) Randall's Island Aquatic Leisure, LLC v. City of New York
N.Y. App. Div. · 2012 · confidence medium
There can be no claim of breach of the implied covenant of good faith and fair dealing without a contract (American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1996]).
discussed Cited as authority (rule) Mandarin Trading Ltd. v. Wildenstein
NY · 2011 · confidence medium
Generally, a party alleging a breach of contract must “demonstrate the existence of a . . . contract reflecting the terms and conditions of their . . . purported agreement” (American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171 [1st Dept 1996]).
discussed Cited as authority (rule) Fcof Ub Securities LLC v. Morequity, Inc.
S.D.N.Y. · 2009 · confidence medium
Feb. 14, 2006) (quoting American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1st Dep’t 1996)) (“A cause of action for breach of an implied duty of good faith and fair dealing ... [is] properly dismissed for lack of a valid and binding contract from which such *232 a duty would arise.”).
discussed Cited as authority (rule) Travelers Indemnity Co. of Illinois v. CDL Hotels USA, Inc.
S.D.N.Y. · 2004 · confidence medium
However, there can be ,no breach of the duty of good faith and fair dealing where there is no “valid and binding contract from which such a duty would arise.” American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170, 171 , 641 N.Y.S.2d 835, 836 (1st Dep’t 1996) (dismissing cause of action for breach of the duty of good , faith and fair dealing after finding that no contract existed); see also Fasolino Foods Co. v. Banca Nazionale del Lavoro, 961 F.2d 1052, 1056 (2d Cir.1992) (holding that the determination that no contract existed disposed of cause of action for breac…
discussed Cited as authority (rule) United Magazine Co. v. Murdoch Magazines Distribution, Inc.
S.D.N.Y. · 2001 · confidence medium
Kreiss v. McCown DeLeeuw & Co., 37 F.Supp.2d 294, 301 (S.D.N.Y.1999) (“no implied duty of good faith and fair dealing may attach to an unenforceable contract”); American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1996) (cause of action for breach of implied covenant of good faith and fair dealing “properly dismissed for lack of a valid and binding contract from which such a duty would arise”).
cited Cited as authority (rule) Kreiss v. McCown De Leeuw & Co.
S.D.N.Y. · 2001 · confidence medium
See also Int'l Paper Co. v. Suwyn, 978 F.Supp. 506, 513 (S.D.N.Y.1997); American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1st Dep’t 1996).
discussed Cited as authority (rule) Richard N. Abrams v. Unity Mutual Life Insurance Co.
7th Cir. · 2001 · confidence medium
See Sater v. Wyckoff Heights Hospital, 228 A.D.2d 427 , 643 N.Y.S.2d 664, 665 (N.Y.App.Div.1996) (“To *865 the extent the plaintiff seeks to recover ... for unjust enrichment ... those claims, which are based on the alleged oral agreement, must also be dismissed.”); American-European Art Assoc., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (N.Y.App.Div.1996) (“[Pjlaintiffs may not utilize a quantum meruit theory of recovery to circumvent the Statute of Frauds”).
discussed Cited as authority (rule) Abrams v. Unity Mutual Life Insurance
N.D. Ill. · 1999 · confidence medium
American-European Art Assoc., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170, 171 (N.Y.App.Div.1996); Tallini v. Business Air, Inc., 148 A.D.2d 828, 830-31 , 538 N.Y.S.2d 664 (N.Y.App.Div.1989) (“[Pjlaintiffs claim that he was denied commissions which he was entitled to under a theory of unjust enrichment depends on proof of the oral contract and therefore is ... barred by the Statute of Frauds.”).
discussed Cited "see" Maki v. The Travelers Companies, Inc.
N.Y. App. Div. · 2016 · signal: see · confidence high
Dealing first with the claims against the individual defendants, “[a] review of the record fails to reveal any factual allegations that [they] acted either outside the scope of their employment or for personal profit” in a manner that would open them to personal liability (Freyne v Xerox Corp., 98 AD2d 965, 965 [1983]; see American-European Art Assoc. v Trend Galleries, 227 AD2d 170, 171-172 [1996]).
discussed Cited "see" General Retirement System of Detroit v. Ubs, Ag (2×)
E.D. Mich. · 2011 · signal: see · confidence high
See Am.-European Art Associates, Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1996).
discussed Cited "see, e.g." Diversified Group, Inc. v. Daugerdas (2×)
S.D.N.Y. · 2001 · signal: see also · confidence low
Co., 70 F.Supp.2d 846, 853 (N.D.Ill.1999) (a plaintiff may not circumvent the statute of frauds by claiming unjust enrichment); see also American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170 , 641 N.Y.S.2d 835, 836 (1st Dep’t 1996); Tallini v. Bus.
discussed Cited "see, e.g." County of Washington v. Counties of Warren & Washington Industrial Development Agency (2×)
2d Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., American-European Art Assocs., Inc. v. Trend Galleries, Inc., 227 A.D.2d 170, 171 , 641 N.Y.S.2d 835 (1st Dept.1996).
discussed Cited "see, e.g." Sands v. Feldman
N.Y. App. Div. · 1997 · signal: compare · confidence low
Corp., 43 NY2d 260, 266-267 ), nor one for the sale of goods (UCC 2-201; compare, American-European Art Assocs. v Trend Galleries, 227 AD2d 170 ), and is not subject to the Statute of Frauds (see, Dura v Walker, Hart & Co., 27 NY2d 346 ).
Retrieving the full opinion text from the archive…
American-European Art Associates, Inc.
v.
Trend Galleries, Inc.
Appellate Division of the Supreme Court of the State of New York.
May 7, 1996.
32 U.C.C. Rep. Serv. 2d (West) 419

Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 14, 1994, which granted the motion by defendants Trend Galleries, Inc. and Ruth and Andrew Weiss to dismiss the complaint pursuant to CPLR 3211 (a) (1), (5) and (7), and which denied plaintiffs’ cross motion pursuant to CPLR 3025 (b) for leave to amend the complaint, unanimously affirmed, with costs.

The IAS Court properly dismissed the first cause of action for breach by defendants of a purported agreement to sell a painting by Yves Klein entitled "Le Monochrome” to plaintiffs as barred by the Statute of Frauds, section 2-201 of the Uniform Commercial Code, which precludes enforcement, by way of action or defense, of a contract for the sale of goods for the price of $500 or more absent a writing sufficient to indicate that a contract for sale has been made between the parties which is signed by the party against whom enforcement is sought. Plaintiffs failed to demonstrate the existence of a signed written contract reflecting the terms and conditions of their purported purchase agreement (Mendelsohn v Levine, 24 AD2d 1007).

The second cause of action for breach of an implied duty of good faith and fair dealing by defendants in allegedly negotiating to sell the painting to another party despite plaintiffs’ purported contract with defendants was also properly dismissed for lack of a valid and binding contract from which such a duty would arise (Nifty Foods Corp. v Great Atl. & Pac. Tea Co., 614 F2d 832; Mocca Lounge v Misak, 94 AD2d 761, 763).

Nor did the IAS Court err in dismissing the third cause of action seeking quantum meruit recovery, since plaintiffs have failed to plead any reasonable expectation of being compensated for the reasonable value of their services in connection with the sale of the painting (Umscheid v Simnacher, 106 AD2d 380, 382-383), and since plaintiffs may not utilize a quantum meruit theory of recovery to circumvent the Statute of Frauds (Bauman Assocs. v H & M Intl. Transp., 171 AD2d 479, 484).

The IAS Court exercised its discretion appropriately in denying plaintiffs leave to amend the complaint since the proposed fourth and fifth causes of action for interference with contract and/or business relations and for fraud as against the individual defendants were legally insufficient (Wieder v Skala, 168 AD2d 355). There is no basis in law or fact to impose personal liability upon the individual defendants for actions taken as corporate officers of defendant Trend where, as here, the only fraud charged relates to an alleged breach of the purported contract to sell the painting (Sanyo Elec. v Pinros & Gar Corp., [*172] 174 AD2d 452, 453), absent factual allegations of independent tortious conduct on their part (Feigen v Advance Capital Mgt. Corp., 150 AD2d 281, 283, lv dismissed and denied 74 NY2d 874) or that the individual defendants acted either outside the scope of their employment or for personal profit (Freyne v Xerox Corp., 98 AD2d 965).

We have considered defendants’ remaining arguments and find them to be without merit. Concur — Ellerin, J. P., Wallach, Ross, Nardelli and Tom, JJ.