Marx v. Sotheby Parke Bernet, Inc.

I concur in the affirmance, solely upon the fact that the plaintiffs did not protest the action of the auctioneer, in reopening the bidding, until some four days later. If the *730plaintiffs had complained before the bidding was reopened, based upon my examination of the record of the auction, I would have held that they were the successful bidders at $22,000 for the sofa (item 1152) and that title passed to them when the auctioneer’s hammer fell.

— Judgment, Supreme Court, New York County (Arthur Blyn, J.), entered on August 3, 1983, unanimously affirmed, without costs and without disbursements. Concur — Bloom, Lynch, Milonas and Kassal, JJ.