Moustakis bid for and won three items at the October 2006 auction, which according to his papers, Christie's billed as a "historic pop culture event" featuring a "rare and unique collection" of "Star Trek" memorabilia.
In addition to the visor, which he bought for $6,000, Moustakis spent $11,400 on a Data Starfleet Uniform and $6,600 for a poker table that he claims was identified by Christie's as having been "used in the Ten Forward lounge of the Starship Enterprise."
The character Lt. Cmdr. Data was portrayed as a sentient android born in the Ornicron Theta science colony with advanced mathematical and programming abilities. He served as the second officer and chief operations officer aboard the starships USS Enterprise-D and USS Enterprise-E.
In 2007, Moustakis traveled to a Las Vegas "Star Trek" convention where he asked Spiner to autograph the visor. It was then that Richard Arnold, a "Star Trek" expert, told Moustakis the visor was not the real thing.
Spiner confirmed this. Later, Moustakis allegedly found out that a uniform identical to the one he had purchased at the auction was available on eBay for less than half of what he paid and noticed the poker table did not have a distinctive black border like the one on the Enterprise.
Claiming Christie's and Paramount had misled him about the authenticity of the items, Moustakis sued for negligent misrepresentation, fraud and violations of the General Business Law and demanded millions of dollars in punitive damages.
According to Moustakis, Christie's "had knowledge of hundreds, if not thousands of character duplicate uniforms that Paramount was warehousing."
He claimed the art house's promotional statements, along with the description of the uniform in the catalogue, led him to reasonably believe that the item was one of a kind.
And Moustakis alleged that Spiner had informed Christie's the visor was not authentic before the auction.
ITEMS SOLD 'AS IS'
In October 2008, Manhattan Supreme Court Justice Joan A. Madden dismissed Moustakis' complaint.
Tuesday, in a four-paragraph ruling, the 1st Department affirmed Madden's ruling.
"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 catalog," the panel wrote.
Moreover, the conditions of sale, which Moustakis accepted, expressly stated that "all property is sold 'as is' without any representation or warranty of any kind by Christie's or the seller," the court noted.
The panel held that the fraud and negligent misrepresentation claims were duplicative of the breach of contract claims and concluded that Moustakis had not sufficiently stated a violation of General Business Law §§349 or 350.