Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

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Sales
Craig Robins is an art collector particularly interested in the works of Marlene Dumas, having amassed a substantial collection of her works. The time came when Robins wanted to sell one of the collected works. Dumas, however, opposed the sale of her works in the secondary market, and would refuse future sales to a collector who resold one of her paintings. After Robins nonetheless sold one painting, Dumas contacted her dealer and several galleries and "blacklisted" Robins from any future purchases. Robins threatened to sue a gallery owner, David Zwirner, for informing to Dumas regarding his sale, but Robins and Zwirner agreed to a "settlement." In exchange for Robins's promise not to sue, Zwirner agreed to give Robins "first choice, after museums, to purchase one or more" of Dumas' works when Dumas showed paintings in Zwirner's gallery. The settlement was not in writing, but sealed with a handshake. Five years later, Zwirner showed some of Dumas' works, and Robins contacted him about a purchase. At that time, Dumas' works were worth over $1 million each, and Zwirner refused to sell to Robins. Robins sought a restraining order against Zwirner to prevent Zwirner from selling to anyone else. Was Robins entitled to "first choice"? [ Robins v. Zwirner , 713 F.Supp.2d 367 (S.D.N.Y.)]