(CN) – A Star Trek fan lost his bid to collect damages from an auction house that allegedly misrepresented a Commander Data uniform as unique when it was not actually “one of a kind.”
Ted Moustakis sued Christie’s Inc. after buying the Commander Data uniform and two other items. He unsuccessfully argued that Christie’s had misrepresented the uniform as the sole of its kind.
The justices of the Manhattan-based 1st Department Appellate Division in New York affirmed the dismissal of Moustakis’ appeal.
“Contrary to plaintiff’s contention that defendant Christie’s had represented the Commander Data uniform to be one of a kind, no such representation was ever made in the auction catalogue,” the justices wrote.
Also, the conditions of the sale stated that all items were sold as is, “without any representation or warranty of any kind by Christie’s or the seller,” the ruling states.