Callimanopulos v. Christie's Inc.
United States District Court for the Southern District of New York
621 F. Supp. 2d 127 (2009)
At a Christie's (defendant) auction, Callimanopulos (plaintiff) bid $3 million on a painting, and as the auctioneer's hammer was falling to close bidding, rival bidder Broad's representative Heyler raised her paddle to signal a competing bid; after initially declaring the painting sold to Callimanopulos, the auctioneer, upon learning of Heyler's simultaneous bid, reopened bidding and ultimately sold the painting to Broad. Callimanopulos sued for a declaration that a binding contract existed between him and Christie's, seeking a preliminary injunction.
Whether an auctioneer may reopen bidding after the fall of the hammer when a competing bid was made while the hammer was still falling.