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Liable Landlords? CRE Lawsuits Of 2019 Claim Property Owners Should Have Prevented Crimes
Dallas-Ft. Worth View count:
December 9, 2019 Kerri Panchuk, Bisnow Dallas-Fort Worth
The commercial real estate world battled a series of high-profile lawsuits in 2019, all of which have the potential to reshape the way landowners and property managers assess risk in the future.
From a lawsuit against Walmart for its alleged failure to provide security to prevent a deadly shooting to a high-profile suit against major U.S. hotel brands for failing to stop human trafficking on-site, plaintiffs' lawyers put landlords and buildings owners on the defense this year, greatly expanding the types of premises liability cases that land in court.
The new cases also test whether judges or juries will begin holding landlords and operators more liable for the actions of third parties who enter their premises.
Blue Diamond Gallery
Most of this litigation remains active, so it isn't clear yet if responsibility will truly shift toward property owners, but attorneys in 2019 highlighted all the ways in which landlords remain legally vulnerable in a society wracked by overt and covert crimes on commercial premises.
Win or lose, the CRE defendants will pay at least thousands if not millions of dollars in attorneys fees in some of the larger cases.
Plaintiffs' attorneys and experts debriefed Bisnow several times in 2019 on the best ways for the commercial real estate industry to assess these litigation risks early on and react to them effectively to prevent litigation.
The solutions run the gamut from acquiring active-shooter insurance to ensuring a set of established protocols to mitigate risk.
Unsplash/Kevin Angelsø
Human Trafficking Becomes A CRE Issue
More often than not, human trafficking occurs in hotels, bars, restaurants and other commercial premises. Lawsuits and proposed legislation this year would hold owners of those properties responsible for those incidents of trafficking.
"Property owners and landlords are the key to ending storefront trafficking in Texas," Children at Risk Senior Staff Attorney Jamey Caruthers said when interviewed by Bisnow in July. "Trafficking occurs in cantinas, especially in Harris County [Houston], but to a lesser extent elsewhere as well, modeling studios, strip clubs and most prevalently in illicit massage businesses."
Texas Senate Bill 498, proposed in this year's legislative session, took aim at building owners. It would allow tenants to break leases if their landlord failed to respond to reports of sex trafficking or evict the trafficker. The bill didn't pass before the session ended, but it made it through the Senate, and Caruthers said advocates and lawmakers will tee it up again for the 2020 session.
Houston attorney Annie McAdams with McAdams P.C. filed suit in 2018 and 2019 against most of the major U.S. hotel brands, alleging various properties had knowledge of or should have had knowledge of trafficking on the premises and failed to prevent it with the right check-in policies and procedures.
"What we are alleging is that when a business knows that there's trafficking, and they are taking money for rooms and so forth, then they are responsible for facilitating trafficking in that regard," McAdams told Bisnow in July.
She said hotels and commercial property owners who want to avoid litigation only have to take simple steps to mitigate or thwart the risk of liability. She also advises property owners and managers to document every effort they take in combating and preventing trafficking on-site.
"The best thing a hotel owner or premises owner can do is implement policies and procedures to report incidences of trafficking," McAdams said. "But also be able to show how you are monitoring those protocols. It's not enough to say I have a policy or procedure, or I'm trusting this person to do it; you have to verify it yourself, because I think a jury is going to be a lot more sympathetic to a defendant who comes in with books and logs and shows a proactive application of these policies and procedures."
Wikipedia Commons/Tex Texin
Active Shooters Are No Longer Unforeseeable Risks And There's Insurance For It
Major retailer Walmart was sued after an armed gunman fired on dozens of shoppers in one of its stores in El Paso, Texas, Aug. 3, killing 22 and leaving 24 wounded.
While active-shooter cases historically have been deemed unforeseeable threats in which a property owner is not necessarily liable, an attorney out of Texas is now using the chain's large national footprint and past crimes at various Walmarts to allege in litigation that the retailer failed to provide adequate security prior to the shooting.
"That's fairly common [not to have guards at retail centers]," said Jeff Bettinson, a 19-year property management veteran and owner of iTrip Vacations Salt Lake City, who spoke to Bisnow in September. "Mostly what they have is loss prevention and different companies will do it a different way."
But attorneys for the family of an El Paso shooting victim allege Walmart's history of crimes at various store locations and its failure to hire local police or armed guards put shoppers at risk and the store on notice that a guard should have been used at El Paso.
"From what we have been able to find out so far, there was no discernible security presence at the store when the shooting took place," attorney for the plaintiffs Patrick Luff with The Ammons Law Firm told Bisnow. "When you look at the original petition that we filed, I include what has been reported from the shooter that he went in and cased the place, and he didn't see anything that deterred him at that time."
The case law on active shooters is unsettled and more often than not, it leans in favor of the property owner not being able to predict this type of risk. But the cost of litigation is high enough and the risk of active shooters publicized enough, that insurance brokers now offer active shooter insurance.
Thompson Insurance Inc. insurance broker Drew Gunn told Bisnow in September that the case law on this issue of landlords or property managers becoming liable for having no security guards is still untested. But because of the risk of litigation and increased frequency of shooting incidents, he has been brokering active-shooter insurance policies to retailers and businesses as protection regardless.
"Some of these things end up settling out of courts, so there are no punitive damages that are brought. But that's the reason to carry the insurance coverage because then the insurance will pay for the legal expenses of the insured and also for any settlements," Gunn said.
Courtesy of Lenahan Law Firm
NorthPark Center parking garage
Car Accidents On-Site: Parking Lot Death Ends In Litigation Against Mall
Shopping centers that deal with enormous amounts of traffic also have to be wary of traffic control issues.
Dallas' upscale NorthPark Center mall was sued in November after a car accident by a drifter (someone participating in car stunts) in its parking garage led to the death of one shopper and the critical injury of another.
The lawsuit alleges the property owner is at fault because it failed to implement speed bumps and other traffic and parking-lot access control devices that could have blocked the vehicle from entering the lot or forced it to control its speed. Attorneys for the injured victim said the mall knew drifters regularly use its garages, but did not act to prevent this behavior.
NorthPark has denied all of the allegations, but the case highlights the types of issues plaintiffs' attorneys may raise against parking lot operators.
This case, like the others, remains in litigation.
While the outcomes of these headline-making premises liability cases do not foretell whether the property owners will ultimately be liable, they do show the areas of litigation risk for commercial real estate. As victims of crimes are increasingly attempting to hold the owners of crime scene locations legally responsible for not preventing the crimes, property managers and building owners are facing pressure to lessen the risk of accidents and crimes on-site before they even occur.
Contact Kerri Panchuk at panchukkerri@yahoo.com
Related Topics: NorthPark Center, city of el paso, El Paso, mass shootings, active shooter mitigation, Active shooter, Walmart troubles, Walmart groceries, Walmart app, police shooting, Walmart Texas, office shootings, premises liability, shooting, Walmart Home Office, Annie McAdams, El Paso shooting, El Paso, Texas, Walmart headquarters, retail shooting, Walmart shooting
Also subscribe to Bisnow's Commercial Real Estate Newsletter


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8-year-old is bucking the odds against heart and brain birth defects
Given only a 30 percent chance at birth of ever walking or talking, now-8-year-old Maggie Maine sings, dances and even plays the piano. (Photo courtesy of Maine family)
The day after Maggie Maine was born, doctors told her parents there was a 70 percent chance she'd never walk, talk or be able to feed or bathe herself.
An MRI had found severe defects in both her heart and her brain.
Relying on their faith, Jeff and Renae Maine decided to focus on the 30 percent chance that the doctor was wrong, that Maggie would grow up to be "normal."
"We're focusing on the positive instead of the negative," said Jeff.
Maggie's prognosis wasn't a surprise. Ultrasounds done before she was born had already found defects in her brain and heart. The MRI only confirmed those findings.
Doctors told the Maines that about 75 percent of Maggie's cerebellum was missing due to a rare condition called Dandy-Walker variant(link opens in new window). Located in the lower, back portion of the brain, the cerebellum plays a vital role in balance and in coordinating muscular activity necessary, for example, to ride a bike.
She also had a heart condition called tetralogy of Fallot, a combination of four heart malformations. These include a hole between the lower chambers of the heart that allows oxygen-poor blood to flow out of the heart to the rest of the body.
Tetralogy of Fallot symptoms include a bluish skin tone, chronic fatigue, especially during physical activity, and a dangerous thickening of the heart walls.
The best news Jeff and Renae heard following the MRI was that Maggie's heart defects were repairable. She had her first open-heart surgery at just 3 months of age and, a week later, had a pacemaker implanted into her abdomen.
Defying doctor's predictions, Maggie Maine's parents say she's an energetic second-grader. (Photo courtesy of Maine family)
From that scary, gloomy start, look at her now, at age 8.
While there's no treatment for Maggie's brain defect, her cognitive development has so far been completely normal.
"She's in second grade but she's reading at a fifth-grade level," Renae said. "She loves to write, play the piano and she even takes dance lessons. She's just a normal, energetic little girl."
About the only signs of her condition, her parents said, is that she sometimes has difficulty with balance and that she runs slower than other children her age.
One of Maggie's many neurologists called her development "unexplainable." The Maines prefer "miracle."
Yet, while they've tried to remain optimistic, Jeff concedes there have been "dark days."
"We're human, too, so sometimes the optimism fades," he said.
As for Maggie, her parents say she understands her physical limitations, but at an 8-year-old level.
"She calls her pacemaker her 'battery,'" Jeff said. "We were at the airport recently and she asked if the security scanner would hurt her battery."
Maggie has had four additional heart surgeries since her early months. There are more to come, yet the prognosis is encouraging.
"Maggie's doing great, although she has challenges ahead of her," said her pediatric cardiologist, Dr. Patrick Broderick, with the Savannah Children's Heart Center. "She's had some leakage through the pulmonary valve, for example, so she'll eventually need a new one. We'll try to wait until she's 12, maybe 14 years old before we do that, though."
Broderick said he tried to encourage Maggie's parents by telling them the Olympic snowboarder Shaun White was born with tetralogy of Fallot.
"So now I tell them that she owes me three gold medals," Broderick said.
The Maines, who live in Bluffton, South Carolina, just outside Hilton Head, support the American Heart Association because they hope the research the organization funds will make Maggie's future heart procedures easier. Perhaps they'll be done in a catheterization lab instead of by open-heart surgery, so they'll take less time and she'll have fewer complications and shorter recoveries.
Maggie has already decided she wants to be a cardiologist when she grows up. So perhaps some day she'll be doing these procedures herself on another little girl.
Stories From the Heart(link opens in new window) chronicles the inspiring journeys of heart disease and stroke survivors, caregivers and advocates.
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Play Video Text
About Congenital Heart Defects
Common Types of Heart Defects
The Impact of Congenital Heart Defects

redpajama_set_name: RedPajamaCommonCrawl


The laying-up lunch will be held at the Royal Air Force Yacht Club, Riverside House, Rope Walk, Hamble, Hampshire, SO31 4HD on Sunday 15th November. The bar will be open from noon, and we'll sit down to lunch at 1.0pm.
The RAF Yacht Club is a new venue for PSSA. The dining room is spacious and looks out across the River Hamble. The website page http://rafyc.org.uk/contact-us-2/ has a map at the bottom of the page (scroll down for it) and there's a public car park nearby. To reach the car park, you turn down The Quay in Hamble, and turn right following the road along the river front. The car park is then immediately on your left. To walk to the Yacht Club, you turn right out of the car park (ie returning the way you came by car) and then turn right along Rope Walk to reach the Yacht Club at the end of the road.
I have to provide numbers for the lunch by Wednesday 11th November, so bookings made need to be firm by then.
The menu will be two course - choice of main and dessert from the options below - at a cost of £15.45 for adults and £9.95 for children under 12.
Gluten free versions of each dish are available - please request this in the Notes section of form.
Just a reminder about the Laying up Lunch on Sunday 15th November. The RAF Yacht Club is a new venue for PSSA, and I think it's going to be a good space for lunch, with a bar, room to circulate and a splendid river view. However, they do have a timetable for booking, and want to know the final numbers on the Wednesday before the event - ie Wednesday 11th November. Bookings made by then must be firm bookings - ie they will have to be charged for unless someone else can take them over - and places will not be available after that date unless someone drops out. So please don't leave it to the last minute to decide whether or not to come - at least, the decision shouldn't be as weather-dependent as it would be for a rally!
So far, 49 people have signed up for the laying up lunch on Sunday 15th November. If you'd like to join us and haven't already said so, please don't forget that the deadline for confirming is Wednesday 11th November.


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Civil Suit E285 of 2021
Alois Ochieng' Ndege v Explico Insurance Company Limited; Jane Wachuka Munene (Interested Party) [2022] eKLR
Alois Ochieng' Ndege v Explico Insurance Company Limited; Jane Wachuka Munene (Interested Party)
Joseph Kiplagat Sergon
Case Outcome:
Motion allowed
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. E285 OF 2021
ALOIS OCHIENG' NDEGE..............................................................PLAINTIFF
-VERSUS-
EXPLICO INSURANCE COMPANY LIMITED........................DEFENDANT
JANE WACHUKA MUNENE........................................INTERESTED PARTY
1. The plaintiff herein has brought the Notice of Motion dated 23th November, 2021. The Motion is supported by both the grounds laid out on the body thereof and the facts stated in the sworn affidavit of the plaintiff, and seeking an order that there be a stay of execution of the judgment and decree issued by the trial court on 28th June, 2019 in Milimani CMCC No. 7144 of 2018 (Jane Wachuka v Alois Ochieng' Ndege) ("the primary suit") pending the hearing and determination of the present declaratory suit.
2. The interested party filed the replying affidavit sworn by advocate Salome M. Beaco on 3rd December, 2021 to oppose the Motion.
3. The defendant did not at all participate at the hearing of the Motion. Needless to say, both the plaintiff and the interested party filed written submissions on the Motion, pursuant to the directions given by this court on 26th January, 2022.
4. I have considered the grounds laid out on the face of the Motion; the facts deponed in the affidavit in support thereof; and the rival written submissions and authorities cited.
5. Before I address the merits of the Motion, I note that the interested party raised a few preliminary issues and which require my consideration.
6. The first preliminary issue has to do with whether the firm of Angaya & Co. Advocates is properly on record for the applicant.
7. On her part, the interested party submits that the applicant's current firm of advocates mentioned above has not complied with the proviso of Order 9, Rule 9 of the Civil Procedure Rules ("the Rules") which provide for the clear procedure for changing advocates upon delivery of judgment in a claim.
8. In reply, the plaintiff submits that the issue of his representation was not raised in the replying affidavit put in on behalf of the interested party and cannot therefore be raised in her submissions.
9. The plaintiff further submits that the above provisions are intended to apply only in the same matter and do not therefore affect appeals and declaratory suits, and cites inter alia, the case of Kenya Pipeline Company Limited v Lucy Njoki Njuru [2014] eKLR in which the court held thus:
"More importantly unlike the ordinary trial or review, or the interlocutory applications within the same cause or matter, an appeal is a "different ball game". The proceedings are fresh or new, and are before a Superior Court, and a party, including both the Appellant or Respondent, are at liberty to change or instruct a new set of counsel to represent them.
In this case therefore, the Appellant was at liberty to change its Advocates at the appeal stage without any order of court or consent of the Advocate on record in the trial court as required under rule 9 of the said order."
10. Upon my consideration of the above sentiments, I note that true to the words of the plaintiff, the issue of representation was not raised in the replying affidavit to the instant Motion and was only brought to the attention of this court in the submissions by the interested party.
11. The legal position is that submissions do not constitute evidence and hence a party cannot be heard to argue its case or present its evidence through its submissions. This was succinctly stated by the Court of Appeal in the case of Daniel Toroitich Arap Moi v Mwangi Stephen Muriithi & another [2014] eKLR when it held that:
"Submissions cannot take the place of evidence…Submissions are generally parties' "marketing language", each side endeavouring to convince the court that its case is the better one. Submissions, we reiterate, do not constitute evidence at all."
12. In view of the foregoing position, the interested party cannot be heard to bring up the issue of representation by way of her submissions.
13. The second preliminary issue which was raised concerns itself with whether the interested party is a proper party in the matter.
14. On her part, the interested party states and argues that it remains unclear why she has been enjoined in the suit and yet she is not a party to the insurance policy held between the plaintiff and the defendant.
15. The interested party is therefore of the view that it would not be in the interest of justice for her to be made to participate in the instant suit, since there is a judgment in place in her favour.
16. The plaintiff did not address me on this issue.
17. The term 'interested party' is defined under Rule 2 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 and echoed by the court in the case of Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR as follows:
"interested party" means a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the court but is not a party to the proceedings or may not be directly involved in the litigation."
18. Similarly, the court in the case of Kenya Medical Laboratory Technicians and Technologists Board & 6 others v Attorney General & 4 others [2017] eKLR defined an interested party as:
"A party who has a recognizable stake (and therefore standing) in the matter."
19. Upon my consideration of the pleadings and material constituting the record, I am satisfied that the interested party is properly enjoined in the suit since she has an identifiable or personal stake therein, given that the judgment sought to be stayed is in her favour and hence the outcome of the suit will likely determine who will satisfy her decree.
20. The third preliminary issue raised is whether the instant Motion has been brought under the correct provisions of law.
21. The interested party states that the plaintiff has not brought the Motion under the correct provisions touching on a stay of execution. The plaintiff did not respond to this issue.
22. That notwithstanding, upon my perusal of the record, I observed that the instant Motion has been brought under the provisions of Sections 1A, 1B (on the overriding objective of the Act and duty of the court), 3A (on the inherent powers of the court) and 6 of the Civil Procedure Act ("the Act") touching on stay of a suit/proceeding; and Order 51, Rule 1 of the Civil Procedure Rules ("the Rules") concerning filing of applications by way of a Notice of Motion where there is no provision for how a party ought to approach the court.
23. It is apparent that the order sought is that of a stay of execution pending the suit and hence the correct provision would be Order 42, Rule 6(2) of the Rules, which supports the averments made by the interested party.
24. Be that as it may, I am of the view that the mere failure on the part of the plaintiff in coming under the correct provisions would not render his application fatally defective and merely constitutes a procedural defect. In the interest of substantive justice, I will consider the merits of the Motion.
25. As earlier mentioned, the application now before me concerns itself with the granting of an order for a stay of execution. In that case, Order 42, Rule 6(2) of the Civil Procedure Rules, 2010 sets out the conditions to be met when it comes to an application for a stay of execution as follows:
a) The application must be brought without unreasonable delay;
b) The applicant must demonstrate that substantial loss may result; and
c) Provision should be made for security.
26. I will begin with the first condition on whether the application has been timeously filed.
27. The interested party avers that there has been an inordinate delay in presenting the instant Motion and which averment has not been disputed by the plaintiff herein.
28. Upon my perusal of the record, I note that the impugned judgment was delivered on 28th June, 2019 following which the plaintiff filed an application seeking to have the judgment set aside and further seeking for leave of the court to defend the claim. Upon hearing the parties on the application, the trial court dismissed it with costs, vide the ruling delivered on 15th October, 2019.
29. The instant Motion was filed more than two (2) years later on or about the 23rd day of November, 2021. In my view, while it is obvious that there has been a prolonged delay, I do not find the delay to be so inordinate as to cause me not to consider it.
30. This brings me to the second condition of substantial loss. On his part, the plaintiff states and submits that unless the order for a stay of execution is granted, the interested party will move to recover the judgment sum from him and yet he is of the view that it is the defendant; being his insurer; who ought to settle the claim brought by the plaintiff in the primary suit.
31. The interested party on her part is of the view that the plaintiff is intent on hindering her from enjoying the fruits of her judgment and yet he can still make payment and pursue a refund from the defendant.
32. The relevance of substantial loss in any application for a stay of execution was aptly addressed in the Court of Appeal case, namely Kenya Shell Limited v Benjamin Karuga Kigibu & Ruth Wairimu Karuga (1982-1988) 1 KAR 1018 thus:
"Substantial loss in its various forms is the cornerstone of both jurisdictions for granting stay. That is what has to be prevented…"
33. Further to the above, the legal position is that substantial loss entails that which has to be prevented by maintaining the status quo of the parties involved, otherwise the appeal will be rendered nugatory.
34. Upon considering the rival positions above, I am of the view that in the circumstances of this case, the plaintiff has reasonably demonstrated the manner in which he stands to suffer substantial loss if an order for a stay of execution is denied. However, it is noteworthy that upon considering the interest of the interested party who already has a judgment in her favor of which she is entitled to enjoy the fruits, it is imperative for the hearing and prosecution of the declaratory suit to be expedited.
35. On the third condition, the interested party is of the view that the plaintiff has not offered to make any provision for security for the due performance of the decree or for security for costs. The plaintiff did not offer a retort to the above sentiments.
36. The law is clear that the provision of security for the due performance of the decree is a mandatory requirement in the granting of an order for a stay of execution.
37. In the end therefore, the Motion dated 23rd November, 2021 is hereby allowed, giving rise to the following orders:
i. There shall be a stay of execution of the judgment delivered on 28th June, 2019 in Milimani CMCC No. 7144 of 2018 on the condition that the plaintiff deposits the entire decretal sum in an interest earning account to be held in the joint names of the parties' advocates/firm of advocates within 60 days from today, failing which the order for stay shall automatically lapse.
ii. Upon considering the nature of the present suit, I hereby order that the same be expedited and that the parties take dates before the Deputy Registrar on priority basis.
iii. Costs of the application to abide the outcome of the suit.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 1ST DAY OF APRIL, 2022.
J. K. SERGON
In the presence of:
……………………………. for the Plaintiff
……………………………. for the Defendant
……………………………. for the Interested Party


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Posts Tagged 'Matisse'
ANN AND GORDON GETTY COLLECTION AT CHRISTIE'S
Tuesday, May 3rd, 2022
GIOVANNI ANTONIO CANAL, IL CANALETTO
Entrance to the Grand Canal looking East, with Santa Maria della Salute at right UPDATE: In the hours leading up to the auction, Christie's announced the private sale of Venice, the Grand Canal looking East with Santa Maria della Salute by Giovanni Antonio Canal, called Canaletto, to the Fine Arts Museums of San Francisco, enabled through a generous donation by Diane B. Wilsey.
The legendary Ann & Gordon Getty Collection will be sold at Christie's through a series of landmark auctions beginning next October. The collection stands alone in its quality, rarity and beauty. Nearly 1,500 works of English and European furniture, Asian works of art, European ceramics, Chinese export porcelain, silver, European and Asian textiles, and Impressionist and Old Master paintings from the couple's San Francisco residence will be offered. The sales in October are expected to achieve as much as $180 million. Proceeds will benefit the Ann and Gordon Getty Foundation for the Arts and designated beneficiaries include California based organisations like the San Francisco Conservatory of Music, San Francisco Opera, San Francisco Symphony, University of San Francisco, Berkeley Geochronology Center, and the Leakey Foundation.
Chrysanthèmes dans un vase de Chine UPDATE: THIS MADE $5.1 MILLION
Gordon Getty commented: "Though she left us far too soon, I know Ann would be proud that her exquisite eye and unmatched dedication to craftsmanship and scholarship are being shared with the world, and that the philanthropic planning around our art collection is being realised. These sales are a continuation of the longstanding philanthropic goals of the Getty family first established by my father, J. Paul Getty."
Tags: ANN AND GORDON GETTY, Canaletto, Christies, Matisse
Posted in ART, AUCTIONS, COLLECTIBLES, FURNITURE | No Comments »
MATISSE PORTRAIT OF MARY HUTCHINSON AT SOTHEBY'S
Thursday, June 7th, 2018
Henri Matisse, Portrait of Mary Hutchinson, 1936 UPDATE: THIS SOLD FOR £3.1 MILLION
A Matisse portrait of the writer Mary Hutchinson comes up at Sotheby's Impressionist and Modern evening sale in London on June 19. It was created in the Paris studio of Matisse in 1936 and is estimated at £2-3 million. Mary Hutchinson, a member of the Bloomsbury gr0up, was an active patron of the arts throughout her life. A cousin of Lytton Strachey and friend of artist Duncan Grant, Mary was introduced to the Bloomsbury set and commenced a decade-long love affair with the art critic Clive Bell, the husband of painter Vanessa Bell. In 1915, Vanessa painted her own portrait of Mary, in dazzling colours reminiscent of Matisse's style.
The charcoal portrait – one of only a handful of commissioned portrait drawings Matisse made of English women – is coming for sale from the estate of the late Lord Hutchinson of Lullington, QC, the sitter's son. He was a renowned criminal barrister who defended Christine Keeler and Howard Marks, as well as the publication of Lady Chatterley's Lover in a long career of watershed legal cases and cause célèbres. The sitting was arranged by the artist's son-in-law Georges Duthuit, who was a writer and friend of Vanessa and Duncan.
Tags: Matisse, sotheby's
Posted in ART, AUCTIONS | No Comments »
ROCKEFELLER AUCTION 100% SOLD AND ACHIEVES $832,573,469
THE 'MARLY ROUGE' SERVICE: A SEVRES PORCELAIN IRON-RED AND SKY-BLUE GROUND PART DESSERT SERVICE MADE FOR NAPOLEON ICIRCA 1807-09, IRON-RED STENCILED M. IMPLE DE SEVRES MARK, DATE CYPHERS
After a six-month campaign, ten days of online sales and three days of dynamic auctions at Christie's Rockefeller Center, the total for the 1,500 objects comprising the Collection of Peggy and David Rockefeller reached $832,573,469. Well exceeding initial expectations this established the highest auction total ever for a private collection at auction.
The most significant charitable auction in history, all of the estate proceeds will be directed to philanthropies Peggy and David Rockefeller supported during their lifetimes, for the benefit of continuing scientific research, higher education, support for the arts, sustainable economic development, and land conservation initiatives, among others. Over the course of the sales, numerous world auction records were established across the fine and decorative arts. An additional nineteen lots of jewellery from the collection will come up at the June 12 sale of Magnificent Jewels.
The top lots of the sale included Picasso's, Fillette à la corbeille fleurie, which realized $115,000,000, the second highest price for the artist, Monet's Nymphéas en fleur which sold for a record $84,687,500, and Matisse's Odalisque couchée aux magnolias which sold for $80,750,000, another auction record. Further records include Diego Rivera's The Rivals that sold for $9,762,500, establishing a world auction record for the artist and for a work of Latin American Art. The Art of the Americas sale set a new record for the category total, and Gilbert Stuart's George Washington (Vaughan type), set a record for the artist at $11,562,500. Among the decorative arts, a record was set for 19th Century porcelain for the Sèvres 'Marly Rouge' service commissioned by Napoleon I, which sold for $1,812,500.
Tags: Matisse, MONEY, Rockefeller Collection
AN HISTORIC NIGHT FOR CHRISTIE'S AND THE ROCKEFELLERS
Wednesday, May 9th, 2018
PICASSO – Fillette à la corbeille fleurie
It was an historic night at Christie's in New York as the 19th & 20th Century Art Evening Sale, the first sale in the series from the Collection of Peggy and David Rockefeller, totalled $646,133,594 / £476,148,559 / €541,380,911. This exceeded the high estimate by $100 million. This is the most significant charitable auction ever.
The top lots of the sale were Picasso's, Fillette à la corbeille fleurie, which realized $115,000,000, Monet's Nymphéas en fleur, which totaled $84,687,500, and Matisse's Odalisque couchée aux magnolias, which sold for $80,750,000.
In total, 7 works sold above $30 million, and 7 world auction artist records were set for Monet, Matisse, Corot, Delacroix, Seguin, Morandi and Redon. Collectors from Europe, Asia, North and South America, and Australia participated in the sales, representing 34 different countries.
Marc Porter, Chairman Americas, "The twin goals of education and philanthropy have driven this project and we have been so gratified with the engagement from global audiences from the moment we launched the sale in Hong Kong last November. The Rockefeller legacy has resonated strongly and we are thrilled with the results achieved for the first evening in this series of sales, already over our expectations. With new price levels set for Monet, Matisse, Corot, and others, the bidding was testament to the taste, connoisseurship and standing of the Rockefeller family combined with a shared goal to achieve a great result for the charitable beneficiaries of the sale. We continue tomorrow."
Sales of The Collection of Peggy and David Rockefeller continue with English & European Furniture, Ceramics and Decorations Part I and the Art of the Americas Evening Sale on 9 May, and the Fine Art Day Sale, English & European Furniture, Ceramics and Decorations Part II and Travel and Americana on10 May. The Online only sale continues until Friday 11 May.
The most valuable collection ever previously offered at auction was the Collection of Yves Saint Laurent et Pierre Bergé in 2009 at Christie's Paris, which achieved more than US$400 million.
Matisse – Odalisque couchée aux magnolias
Monet – Nymphéas en fleur
Tags: Christie's, David and Peggy Rockefeller, Matisse, Monet, Picasso
SOTHEBY'S IMPRESSIONIST, MODERN AND SURREAL SALES ACHIEVE £93.7 MILLION SO FAR
Thursday, February 4th, 2016
Auguste Rodin – Iris
Impressionist, Modern and Surreal art brought in a total of £93.7 million at Sotheby's in London last night. The top lot was Pablo Picasso's Tete de Femme which sold for£18.9 million. It was a portrait of his muse Marie Therese Walter painted in 1935. A lifetime cast of Auguste Rodin's Iris – once in the collection of Sylvester Stallone – sold for £11.6 million. The Surrealist section was led by Le Miroir by Paul Delvaux which sold for £7.3 million, a new auction record for the artist. Henri Matisse's La Lecon de Piano sold for £10.8 million and Claude Monet's Le Palais Ducal vu de Saint Georges Majeur sold for £11.6 million.
La Lecon de Piano by Henri Matisse
There were participants from 35 countries, which was on a par with last year. Helena Newman, Global Co-Head of Sotheby's Impressionist & Modern Art Department, said: "Tonight we saw continued market activity across all price levels, with depth of bidding from a broad international spectrum. Five lots selling for more than £7/$10 million and there was particular strength for sculpture and Surrealism – with record prices achieved for both Rodin and Delvaux."
Sales of Impressionist and Modern Art continue today.
Tags: Delvaux, Matisse, Monet, Picasso, Rodin, sotheby's
IMPRESSIONIST, MODERN AND SURREALIST ART AUCTIONS
Sunday, January 31st, 2016
An exceptional painting by Henri Matisse is a highlight at Sotheby's in London on February 3. The Impressionist and Modern Art and Surrealist evening sales feature a variety of masterpieces. The Matisse – entitled La Lecon de piano – has emerged after 85 years in a private collection and is estimated at £12-18 million. Here is a quick preview:
(See posts on antiquesandartireland.com for January 27, 2016 and December 23, 2015)
Rene Magritte – Sheherazade (£500,000-700,000). UPDATE: THIS MADE £785,000
Paul Signac – Voile dans la brume. Canal de la Giudecca (£850,000-1.2 million). UPDATE: THIS SOLD FOR £1,025,000
Francis Picabia – Le Ventilateur (£1.8-2.5 million, UPDTE: THIS MADE £2.3 MILLION
Rene Magritte – L'usage de la parole (£500,000-700,000). UPDATE: THIS MADE £965,000
Tags: Magritte, Matisse, Picabia, sotheby's
THE COLLECTION OF STING AND TRUDIE STYLER
Works from the Art Collection of Sting & Trudie Styler will be offered at auction at Christie's in London next February 24. Formed over the past 20 years and housed in their former family home at Queen Anne's Gate, London the collection captures the couple's passion for art and design. Over 200 lots – from bold abstracts by Ben Nicholson and Alan Reynolds and striking Mapplethorpe photographs and sophisticated 20th century furniture and lighting – will come under the hammer. Estimates range from £1,000 to £500,000.
Andy Waters, Senior Director, Head of Private Collection Sales, Christie's London said: "Their home at Queen Anne's Gate effortlessly combined luxury, rarity and colour – a skilful balance that created the ultimate London home. Each work of art was carefully chosen and the resulting collection is a testament to Sting and Trudie Styler's informed eye for Art and Design. Alongside works by Matisse, Picasso, Mapplethorpe and Nicholson, the collection includes Sting's Steinway piano, which occupied pride of place in the music room at Queen Anne's Gate." UPDATE: THE SALE BROUGHT IN £3,006,812
HENRI MATISSE (1869-1954) Jazz the complete set of 20 pochoirs in colors, 1947 (£250,000-350,000). UPDATE: THESE SOLD FOR £530,500
PABLO PICASSO (1881-1973) Le Corsage à Carreaux
lithograph, 1949 (£30,000-50,000). UPDATE: THIS SOLD FOR £45,000
Ben Nicholson, O.M. (1894-1982) March 55 (amethyst) (£300,000-500,000) UPDATE: THIS MADE £1,022,500
The Living Room.
Tags: Christie's, Matisse, Picasso, STING
MONUMENTAL BRONZE MATISSE SCULPTURES LES NUS DE DOS AT SOTHEBY'S
Tuesday, October 11th, 2011
Matisse Nu de dos (1er état) is estimated at $20-30 million. (Click on image to enlarge). UPDATE: THIS WAS SOLD PRIVATELY BEFORE THE AUCTION.
A cast of each of four monumental bronze sculptures by Henri Matisse, known collectively as Les Nus de dos (The Backs), is to be offered by Sotheby's in four consecutive sales of Impressionist and Modern Art in London and New York. The first comes up in New York on November 2. Nu de dos (1er état) is estimated at $20-30 million. Conceived in 1908-09 at the culmination of Matisse's involvement with the Fauves the sculpture exemplifies the fluidity of line that dominated his paintings from this era.
Each of the four works was conceived individually over the course of two decades, and together they chart the evolution of Matisse's artistic development through the early 20th century. The bronzes have been consigned by The Burnett Foundation of Fort Worth Texas, and proceeds will further support the community of Fort Worth – the Foundation's primary mission since its inception 30 years ago. Dos II, Dos III and Dos IV will be offered individually in the next sales of Impressionist & Modern Art at Sotheby's: London, February 2012; New York, May 2012; and London, June 2012.
They were consigned by the Burnett Foundation of Fort Worth and proceeds will support the local community. The Foundation acquired the works in 1982 from Californian collector Norton Simon, who bought them from the artist's estate in 1966. They were on show for ten years at the Kimbell Art Museum in Fort Worth.
UPDATE: THE Matisse bronze was sold on November 1 prior to the auction as part of a quartet of Matisse bronzes in a private transaction. The deal was made by Sotheby's who did not release any information about the purchaser or disclose the price.
Posted in ART, AUCTIONS | Comments Off on MONUMENTAL BRONZE MATISSE SCULPTURES LES NUS DE DOS AT SOTHEBY'S
MATISSE BRONZE LEADS AT CHRISTIE'S
Thursday, November 4th, 2010
Matisse's monumental bronze sculpture of a woman's back made $48.8 million at Christie's in New York on November 3 well above its $35 million high estimate. This was a new record for the artist.
It was bought by dealer Larry Gagosian for a client he did not name.
The sale, strongest for quality items, brought $231.4 million against an estimate of $199 million to $287 million. Of the 84 works on offer, 67 sold.
A 1913 Cublist painting by Juan Gris, "Violin and Guitar." made $28.6 million, a record auction price.
See posts on antiquesandartireland.com for October 5 and November 1.
Tags: Christie's, Matisse, new york, Record
Posted in ART, AUCTIONS | Comments Off on MATISSE BRONZE LEADS AT CHRISTIE'S


When the NBA regular season comes to a close, every team has just one unifying number in mind: sixteen. Accumulate that number of wins in the postseason and basketball's ultimate honor is yours. You'll be able to hoist the coveted Larry O'Brien Trophy, cementing your place in league history. Nike, Jordan Brand and Converse celebrate sixteen iconic moments in league history and some of its finest players with its "Champions Think 16" collection.
Featuring 16 players, 16 sneakers, and 16 foundational stories, this wildly varied pack illustrates tales of greatness defined by a marveling collection of moments. Helmed by players like LeBron James and his Nike Zoom LeBron Soldier 1 "25 Straight," Kobe Bryant and his Nike Kobe 1 Protro "Final Seconds," and Kevin Durant and his Nike Zoom KD IV "Battle Tested," career defining postseason performances frame this collection which not only spans greatness, but greatness throughout decades.
Dating back to the days of Bill Russell, Julius "Dr. J" Erving, Kevin McHale, Wes Unseld and Moses Malone in Converse and Nike Air Force 1s, respectively, the collection fast forwards to modern-day stars like Kawhi Leonard and the WNBA's Maya Moore. Transcendent greatness in between those eras looks to the incredible Scottie Pippen, sharp shooter Ray Allen, one of the original stretch fours, Rasheed Wallace, and, of course, all is anchored by Michael Jordan.
The newly released Nike Air Force 270 finds placement in the collection in a "Gold Standard" edition representing the coveted Larry O'Brien Trophy. The Nike "Champions Think 16" Collection is finished with a surprise sneaker that won't be announced and subsequently released until a champion is crowned.
Check out images and release dates for the collection below and stay tuned for more.


Zombie Apocalypse: Never Die Alone is an against-all-odds blaster, where four new heroes must attempt to survive a zombie uprising.
Nihilistic Zombie Apocalypse is action packed, arcade-style shooter that will test your dual analog stick shooting skills and ability to survive 55 days of relentless zombie attacks.
Relive the unforgettable cult classic movie and experience The Warriors: Street Brawl in a 3-D side-scrolling fight fest, experience Ion Assault, an action-packed arcade-style space adventure with an unprecedented particle physics engine, or Zombie Apocalypse is action packed, arcade-style shooter that will test your dual analog stick shooting skills and ability to survive 55 days of relentless zombie attacks.


text:
Наро́дный фронт:
 Народный фронт — политический союз, как правило, объединяющий левые и левоцентристские силы (социал-демократов, коммунистов, радикалов) для противостояния правым и ультраправым.

Политические партии

Коалиции левых партий
 Народный фронт (Испания) () — образованный левыми и либеральными партиями перед выборами 1936 года союз во Второй испанской республике.
 Народный фронт (Франция) () — коалиция левых политических партий и движений, в том числе Французской коммунистической партии (ФКП), Французской секции Рабочего Интернационала (СФИО) и Партии республиканцев, радикалов и радикал-социалистов, находившаяся у власти во Франции с 1936 по 1937 год.
 Народный фронт (Чили) () — коалиция левых и леволиберальных партий и организаций в Чили в 1937—1941 годах.
 Народный фронт (Буркина-Фасо) () — альянс политических партий в Буркина-Фасо.
 Народный фронт (Тунис) () — коалиция левых партий Туниса с 2012 года.

Левые партии и организации
 Ивуарийский народный фронт ( — левоцентристская партия в Кот д'Ивуаре.
 Народный фронт (Исландия) () — исландская левосоциалистическая партия, созданная в 2013 году.
 Народный фронт (Сингапур) — недолговечная сингапурская партия 1970-х, отколовшаяся от Социалистического фронта.
 Народный фронт (Турция) — массовая организация марксистско-ленинской Революционной народно-освободительной партии-фронта.
 Народный фронт за демократию и справедливость (НФДС, , ) — единственная легальная политическая организация в Эритрее.
 Народный фронт Канарских островов () — левая партия за независимость Канар.
 Широкий народный фронт () — левоцентристская партия в Панаме.

Организации, возникшие в СССР в «Перестройку»
 Ленинградский народный фронт (ЛНФ) — крупнейшая неформальная политическая организация на территории России в 1989—1990 гг.
 Народный фронт Латвии (НФЛ, ) — политическое движение в Латвии в 1988—1993 годах.
 Народный фронт Эстонии (Народный фронт в поддержку перестройки, НФЭ, ) — политическое движение, рождённое гражданской инициативой и самым большим массовым движением Эстонии.
 Народный фронт Молдовы — политическое движение в Молдавской Советской Социалистической Республике и Республике Молдова.
 Белорусский Народный Фронт () — национал-демократическая политическая партия Белоруссии.
 Народный фронт Азербайджана () — национал-демократическая политическая партия Азербайджана.

Другие силы
 Общероссийский народный фронт (ОНФ, ОРНФ) — коалиция общественно-политических организаций, созданная в мае 2011 года по предложению Председателя правительства Российской Федерации и бывшего Председателя партии «Единая Россия» В. В. Путина.
 Народный фронт (Украина) — украинская политическая партия, зарегистрированная 31 марта 2014 года.
* Народный фронт освобождения России (Народное ополчение имени Минина и Пожарского, НОМП) — незарегистрированная российская общественная организация, признанная террористической.
 Народный фронт сил Исламской революции () — ультраконсервативное политическое движение Ирана.

Организации
 Народный фронт освобождения Палестины (НФОП, , , Al-jabha al-sha'biyah li-tahrir filastin) — леворадикальная марксистская военизированная организация, выступающая за создание независимого Палестинского государства.
 Народный фронт освобождения Эритреи (НФОЭ, , ) — вооружённая сепаратистская организация, которая сражалась за отделение Эритреи от Эфиопии.
 Народный фронт освобождения Палестины — Главное командование (Основное командование, НФОП-ГК, ) — палестинская националистическая террористическая организация.
 Народный фронт освобождения Палестины — Специальное командование () — радикальная палестинская террористическая группировка, ориентирующаяся на марксизм-ленинизм, сформированная в 1979 году.
 Народный фронт за освобождение Сегиет-эль-Хамра и Рио-де-Оро (Фронт ПОЛИСАРИО, ; сокращ. — POLISARIO) — военно-политическая организация, действующая в Западной Сахаре.

См. также
 Фронт освобождения
 Народный фронт освобождения
 Фронт освобождения Палестины

redpajama_set_name: RedPajamaWikipedia


A general view from Loughrigg Fell of Ambleside and Lake Windermere.
The Windermere lakeside in Ambleside, not too much activity in winter!
A very grey day in Ambleside in March 2018, the very popular and very busy Wateredge Inn lies somewhat silent.
The site of the Roman fort at Ambleside [Latin name Galava, occupied from ~AD 50 to AD 350)] - view from Loughrigg Fell.
The Roman fort at Ambleside with all the ancient foundations dilineated by light fall of snow.
This most lovely 'hiking' walking was based on "Great Walks - The Lake District" 2.13 WANSFELL by Colin Shelbourn and supplemented by the excellent hiking Ordinance Survey OS Map OL7 The English Lakes - South-Eastern Area, but preceded by a few observations of the car journey and suggestion for parking in Ambleside.
The photographs were taken at different times of the year.
A beautiful and very worthwhile walk and bring a picnic, even if starting in Ambleside with its many cafes and pubs!
From Kendal you pick up the A591 road and head north for Windermere and further on to Ambleside. We parked in the centre of Ambleside on the east side of the A591 just north of the Langdale-Ambleside Mountain Rescue Team headquarters!
The bus stop in Ambleside where you can start the walk (actually on the opposite side of the road). The centre of Ambleside is in the distance up the road.
Hayes Garden Centre in Ambleside, across the road from the bust stop.
After walking up the road you head up past the Salutation Hotel up a lane and deviate through the woods of Stock Ghyll Woods to view the Stockghyll Waterfalls - very popular with the Victorians.
You leave the Stock Ghyll Woods and return to a lane signposted Grove Farm and turn right off it on the path up Wansfell Pike which is signed 'Troutbeck via Wansfell'. Wansfell Pike is in the centre of the picture - it doesn't look much at first, but its a 'canny' climb up!
There are great views all round on the ascent of Wansfell.
The path up Wansfell is well laid out and quite steep in place - excellent aerobic exercise and continuous superb views. The recent light falls of snow added to the natural beauty of the Lake District.
Looking north up Kirkstone Pass.
Looking back down to Ambleside.
Wonderful views from the top of Wansfell Pike.
Looking across Lake Windermere from the summit of Wansfell Pike in mid-winter.
Looking up Kirkstone Pass from the summit of Wansfell Pike.
View of Ambleside from the top of Wansfell - rather cloudy on the distant peaks.
The town of Ambleside is in the centre of the picture.
Heading down east towards Troutbeck.
After the open moorland you head south-east down 'Nanny Lane' which is an old double-walled 'cattle drove road' I assume?
I guess the sheep will looking forward to Spring!
Looking north-east (above) and south-west (below) from Nanny Lane just before you drop down into the village of Troutbeck.
The long dry stonewall that runs northeast from the summit of Wansfell Pike.
Returning back down via Nanny Lane.
Coming back down into Troutbeck.
heading back down towards the church.


Equal treatment and a fair Common Agricultural Policy - these are the demands of various agricultural organisations from the three Baltic states and the European Milk Board (EMB). On the occasion of the European Summit of heads of state and government on Thursday 13 December, they are planning a joint action near the EU Council building in order to give emphasis to their demands. They call for equal conditions for direct payments in all EU countries and for an efficient crisis instrument in the dairy sector - the Market Responsibility Programme (MRP).
In presence of: Milk producer delegations from all over Europe as well as organisations from other sectors, among others the association of Lithuanian and Latvian agricultural organisations, the Estonian Farmers Federation.
Venue: Rue de la Loi, 1040 Brussels (between the Schuman roundabout and the Parc du Cinquantenaire, see map below).
In presence of: Representatives of the EMB Executive Committee and the Lithuanian milk producer organisation LPGA.
We look forward to seeing you at the events. The press interviews will provide you with information on solutions and the determination of milk producers to promote fair and sustainable agriculture in Europe. During the rally you will have the opportunity to talk and take pictures with representatives of various European organisations.