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Art fraud trial moved again

  • A Leon Golub painting.  Courtesy photo



Monadnock Ledger-Transcript
Wednesday, May 09, 2018 4:5PM

The trial date for a lawsuit against former Franklin Pierce University art history professor Lorettann and her son Nikolas Gascard has been pushed out to the fall.

The New Hampshire mother-son duo is accused of selling almost $700,000 in counterfeit paintings.

Plaintiff Andrew Hall filed a motion to continue the trial date because his expert witness is not available during the previously scheduled trial dates, a two-week period beginning July 24.

On Monday, Judge Steven J. McAuliffe of the U.S. District Court in Concord granted the motion and set a new trial date of Sept. 24.

The motion filed was assented to, meaning that the Gascards agreed to the continuance as well. 

The lawsuit was filed in September of 2016, with Hall alleging the Gascards sold 24 counterfeit Leon Golub paintings to him between Sept. 23, 2009 and October 2011. 

Hall said in court documents that he first discovered the paintings in question to be counterfeits when he was preparing an exhibit in November 2014. 

Six claims have been advanced against the Gascards: fraud, conspiracy to defraud, breach of common law and statutory warranties, breach of contract, unjust enrichment, and unfair and deceptive trade practices in violation of New Hampshire’s Consumer Protection Act.

The Gascards had asked that the lawsuit be dismissed by the court in its entirety, but a judge ruled to only dismiss part of one claim: the plaintiffs common law breach of warranty claim. 

In March, the Gascards requested a summary judgment hearing, arguing that they are entitled to judgment without a trial, as Hall’s claims are barred by the statute of limitations. 

This is not the first time the trial has been delayed. The original trial was set for March 20. The trial was delayed in February at the request of the Gascards.