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© Reuters. FILE PHOTO: Michael Steinhardt, legendary hedge fund supervisor, speaks at the Reuters Investment Summit in New York December 8, 2008. REUTERS/Brendan McDermid (UNITED STATES)/File Checklist

By Herbert Lash

NEW YORK (Reuters) – Michael Steinhardt, a frail hedge fund titan on Wall Road, lost a lawsuit he filed towards an art gallery and its president for allegedly making an “unfair secret earnings” from the $12 million sale on consignment of a portrait of George Washington.

Justice Joel Cohen of New York Supreme Court on Monday brushed off the case that became as soon as brought towards Manhattan-essentially based Hirschl & Adler Galleries and its president, Stuart Feld, for breach of fiduciary duties.

Steinhardt is an advanced investor who did not inform that he understood phrases of the consignment stated it would possibly maybe maybe sell for $10 million “earn to you,” Cohen stated. Nor did he explain the gallery breached the consignment contract, he stated.

“The which contrivance – and enforceability – of the phrase ‘earn to you’ is the crux of the dispute,” Cohen wrote in his pronounce to push aside.

Steinhardt claimed the gallery didn’t pronounce the market tag of the portrait of the first U.S. president painted circa 1800 by Gilbert Charles Stuart and misled him to deem it would possibly maybe maybe be complicated to sell, in accordance with the pronounce.

Steinhardt, who provided the portrait in 2006 for $5 million, alleged he did not know the monetary penalties of “earn to you” on this transaction due to this of he became as soon as not urged what the finest gross sales tag could maybe be, the pronounce stated.

If Steinhardt, who moreover claimed the gallery engaged in fraud, unjust enrichment and spurious commercial practices, wished to situation the “earn to you” affiliation, he can appreciate negotiated that, nonetheless did not, Cohen stated.

Steinhardt, a vendor, ran a hedge fund that averaged annualized returns of about 25% for unbiased about three decades sooner than he closed the fund in 1995.

Calls to Steinhardt and Hirschl & Adler hunting for observation weren’t at the moment returned.

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