Plaintiff Finds ‘Final Frontier’ In Suit Over Star Trek Memorabilia

A decision yesterday by an intermediate appellate court in New York is based on the well known section of the Uniform Commercial Code upholding “as is” sales. The brief opinion recites that the plaintiff asserted claims including fraud and negligent misrepresentation against the Christie’s auction house arising out of an auction of memorabilia from Star Trek. The appellate court simply noted that contrary to the plaintiff’s contention that Christie’s “had represented the Commander Data uniform to be one of a kind, no such representation was ever made in the auction catalogue.”

That’s all well and good, but a terrific article by Noeleen G. Walder in today’s New York Law Journal gives more detail. The article says that the plaintiff bought three Star Trek props at an October 2006 auction: a visor, for $6,000, that he believed had been worn by the character played by actor Brent Spiner, Data, in "Star Trek: The Next Generation;" a Data Starfleet Uniform, for $11,400; and a poker table that he claimed was identified by Christie's as having been "used in the Ten Forward lounge of the Starship Enterprise," for $6,000.
 
According to the article, when the plaintiff asked Spiner to sign the visor at a Star Trek convention, he was told it was not authentic. That led, plaintiff claimed, to embarrassment and his lawsuit.
 
The case is Moustakis v. Christie's, Inc., 2009 N.Y. Slip Op. 09543 (App. Div. 1st Dep’t Dec. 22, 2009). Attorneys involved are: Jeffrey Benjamin; and P.C., Nicole A. Auerbach of Levine Sullivan Koch & Schulz, L.L.P.
 
The New York Law Journal article is available at http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1202437224003&src=EMC-Email&et=editorial&bu=New%20York%20Law%20Journal%20&pt=New%20York%20Law%20Journal%20Legal%20Alert&cn=legal%20alert%2012%2F23%2F09&kw=Star%20Trek%20Fan%20Bought%20Memorabilia%20'As%20Is%2C'%20Panel%20Says%20in%20Rejecting%20Claim%20Against%20Christie's (subscription).