In Goldsmith v. Sotheby's Inc. , Isabel Goldsmith owned a table which was stored at Sotheby's warehouse in England from 1985 to 1995, when it was "removed" from the company's facility.
Some four years later, in 1999, Goldsmith discovered the table was no longer in the auction house's possession. And, it took until 2000 for her to ascertain Sotheby's had sold the item several years prior.
When she filed suit, the New York County Supreme Court dismissed Goldsmith's case on the grounds her claim was "untimely" under the English Limitation Act, which requires that a "conversion" or theft claim be brought within 6 years. Goldsmith appealed, arguing that the action was timely under New York State law -- CPLR 214(3) -- because her case was brought within 3 years from the auction date.
While the Appellate Division, First Department, agreed English law should apply -- because "England has the greatest concern with the specific issue raised in the litigation" -- it found dismissal wasn't warranted because there were "issues of fact" concerning whether Goldsmith's claim was time-barred by law. (Since a theft was involved, the clock didn't run as of the date the item was stolen.)
Are you sold on that?
To download a copy of the Appellate Division's decision, please use this link: Goldsmith v. Sotheby's Inc