Two Auctions

Koch alleged that Greenberg consigned the counterfeit wine during two auctions held by Zachys Wine Auctions in December 2004 and October 2005.

Included among the wines Koch alleged were counterfeit were two bottles of Chateau Lafite Rothschild -- one from 1805 costing $22,500 and one from 1811 bought for $29,170. Koch said he also bought three magnums of Chateau Lafleur, vintage 1945, for $57,000 that he contends were fakes. Shartsis said after court that Koch has dropped claims that the 19th century wines he purchased were counterfeit.

Koch said in his complaint that Greenberg concealed information from him and other collectors, including Greenberg’s “serious doubts” about the authenticity of the wines he put up for auction and that some had been acquired from suspicious sources.

‘Misleading Representations’

The suit includes claims of fraud, fraudulent concealment and violation of New York business law for what Koch said were “materially misleading representations” Greenberg made about the wines’ authenticity and provenance.

Brad Goldstein, a spokesman for Koch, declined to comment on the case.

Greenberg has argued that Zachys inspected the wine before the sale and an auction catalog included an “as-is” clause, a disclaimer about authenticity, and a notice that any potential buyer could inspect the bottles before bidding.

Zachys, which was named as a defendant in Koch’s complaint, settled with him in January 2011 on undisclosed terms.

A separate case that Koch brought against Christie’s International Plc over claims that auction house had “induced” him into buying counterfeit wine was dismissed in 2011.