Order Michigan Supreme Court
Lansing, Michigan
October 16, 2015 Robert P. Young, Jr.,
Chief Justice
151115 & (47) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
MATTIE KING, David F. Viviano
Plaintiff-Appellee, Richard H. Bernstein
v SC: 151115 Joan L. Larsen,
COA: 314188 Justices
Oakland CC: 2011-117393-CZ
PARK WEST GALLERIES, INC.,
ALBERT SCAGLIONE, MORRIS SHAPIRO,
and ALBERT MOLINA,
Defendants-Appellants,
and
PLYMOUTH AUCTIONEERING SERVICES,
LTD.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 2, 2014
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. The motion to
strike is DENIED.
MARKMAN, J. (dissenting).
Plaintiff purchaser sued defendant art merchant in 2010 for an allegedly fraudulent
transaction, accompanied by a certificate of authenticity, that occurred in 1999. I would
grant leave to appeal to address the extent to which a false representation by a merchant,
express or implied, including but not limited to the issuance of a certificate of
authenticity by that merchant, can under the fraudulent concealment statute,
MCL 600.5855, serve to toll, potentially indefinitely, the period of limitations as to the
underlying fraudulent transaction. See MCL 600.5807(8) (providing the lengthiest
potential period of limitations in this case, six years for breach of contract); see also
MCL 442.322(a) (providing that a certificate of authenticity from an art merchant to a
purchaser, as in this case, creates an express warranty of authenticity).
LARSEN, J., did not participate in the disposition of this matter because the Court
considered it before she assumed office and her vote is not outcome-determinative.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 16, 2015
p1013
Clerk