Victor M. Metsch, Esq.

This was originally posted on the SGR Blog.

Court Adjudicates Conflicting Claims for Possession

Almost fifty years ago, the renowned artist Alexander Calder allegedly gifted away 31 drawings. Half a century later, during which several transfers and transactions intervened, the Calder estate sought to recover the pieces from the gallery then in possession of the works.

Prior to his death on November 11, 1976, Alexander Calder, a renowned artist, allegedly gifted to Alfredo Melgar thirty-one drawings. Melgar retained the drawings in his possession until July 15, 2014, when, pursuant to a consignment agreement with a gallery, Chowaiki & Co., he delivered the drawings to non-party Ezra Chowaiki for sale. Melgar alleged that the drawings were neither sold during the consignment period (July 15, 2014 through December 31, 2014) nor returned to him by January 15, 2015 as set forth in the agreement.

This was originally posted on the SGR Blog.

Was There Probable Cause for Search, Seizure and Drug Arrest?

Dane Pennie, on parole after being convicted of a drug offense was stopped for a traffic violation. The police searched the car; drugs were found; the driver was charged with a drug crime–parole violation and traffic offense; prosecuted and found guilty of the parole violation but not the traffic offense; and the drug charge was not prosecuted. Pennie was incarcerated for more than a year after his arrest.

Pennie sued the State of New York for false arrest and wrongful confinement that arose from the seizure of drugs by State troopers from a vehicle he was driving in the Town of Wallkill on July 30, 2017. The drugs were seized after the troopers stopped the vehicle for a traffic violation and then conducted a search. The Court held a trial by video conference on July14-15, 2021.

This was originally posted on the SGR Blog.

Lesson learned:  Trust But Verify

Continuing with reports of the legal and collateral consequences when romantic relationships (with undocumented financial connections) rupture:

In mid-2017 Nebular Hou met Terry Zhang by October 2017 they began “a romantic relationship.”

Also in October 2017, Terry informed Nebular that his bank account, containing more than $100,000, was “frozen” and that his employer, Tristate, Auto Service Center Inc. was “struggling financially.”