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Keywords

contractstatuteappealtrialverdicttestimonyobjection

contractdamagesstatuteappealtrialtestimonyobjectionspecific performancehearsay

Related Cases

Rosenfeld v. Basquiat, 78 F.3d 84, 29 UCC Rep.Serv.2d 104, 43 Fed. R. Evid. Serv. 983

Facts

Michelle Rosenfeld, an art dealer, claimed that she had a contract with artist Jean-Michel Basquiat to purchase three paintings for $12,000. The alleged agreement was made during a meeting in Basquiat's apartment in October 1982, where Rosenfeld testified that she paid a deposit and received a handwritten contract. After a mistrial in the first trial due to a deadlocked jury, the case was retried, and the estate of Basquiat sought to prevent Rosenfeld from testifying about their meetings based on New York's Dead Man's Statute, which ultimately led to the appeal.

On November 20, 1989 Rosenfeld sued Gerard Basquiat, as administrator of the estate of his son Jean–Michel, for damages or specific performance of the contract.

Issue

Did the trial court err in admitting Rosenfeld's testimony regarding her personal transactions with Basquiat, and did the alleged contract violate the Statute of Frauds?

The Court of Appeals, Cardamone, Circuit Judge, held that: (1) New York's dead man's statute was applicable to dealer's alleged conversations with artist; (2) dealer was not rendered “unavailable,” within meaning of hearsay exception, by application of dead man's statute; (3) estate did not waive objection to admission of dealer's testimony; (4) admission of dealer's testimony was not harmless error; (5) writing offered by dealer to establish sale satisfied statute of frauds; and (6) performance of contract did not have to be possible within one year of when agreement was made.

Rule

New York's Dead Man's Statute prohibits the testimony of interested witnesses regarding personal transactions with a deceased person, unless the estate waives this protection. Additionally, under the U.C.C., a written contract for the sale of goods must include sufficient terms to indicate that a contract has been made.

New York's Dead Man's Statute states in relevant part Upon the trial of an action …, a party or a person interested in the event … shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person …, concerning a personal transaction or communication between the witness and the deceased person …

Analysis

The Court of Appeals determined that the Dead Man's Statute applied to Rosenfeld's testimony about her meetings with Basquiat, rendering her testimony inadmissible. The court found that the estate did not waive its objection to the admission of this testimony, and the trial court's error in allowing it was not harmless, as it likely influenced the jury's verdict. Furthermore, the court ruled that the writing provided by Rosenfeld satisfied the requirements of the Statute of Frauds under the U.C.C.

The court's evidentiary ruling that allowed the jury to hear her testimony, that ruling cannot be said to be harmless error.

Conclusion

The Court of Appeals reversed the District Court's judgment and remanded the case for a new trial, concluding that the admission of Rosenfeld's testimony was a significant error.

Accordingly, we reverse and remand for a new trial.

Who won?

The estate of Jean-Michel Basquiat prevailed in the appeal, as the Court of Appeals found that the trial court erred in admitting Rosenfeld's testimony and that the case required a new trial.

Reversed and remanded for new trial.

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