McAvoy descendants sue auction house, authenticator for lost Babe Ruth photo

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The grandchildren of James “Wickey” McAvoy, the Rochester native who played Major League Baseball more than a century ago, say an auction house and/or memorabilia authentication company has lost a family keepsake featuring Babe Ruth.

John and James Fischer, administrators of the estate of their late mother, Elaine Fischer, filed suit in state Supreme Court in Monroe County, seeking return of a 1914 Baltimore Orioles team photo and/or damages.

Lelands Collectibles, Inc., and Collector’s Universe, Inc. — the parent company of Professional Sports Authenticator (PSA) — are named as defendants.

“The photograph was an item of great monetary value in addition to serving as an important connection between Wickey McAvoy and his descendants. As a result of the defendants’ carelessness, a valuable heirloom was lost,” Donald O’Brien Jr., a partner at Woods Oviatt Gilman LLP and the attorney representing the family, wrote in court papers filed Thursday.

Following the death of Elaine Fischer in February of 2020, her sons inherited several sports memorabilia items. That included a 1914 team photo of the Orioles, then a minor league team playing in the International League. McAvoy was a catcher on the team and Ruth was a pitcher and outfielder.

The family decided to sell four items through Lelands, with the team photo considered the most valuable. A similar photo was sold at auction by Lelands in 2019 for $190,323.

Court papers say John Fischer delivered the items to Lelands in the summer of 2020. The company then sent the team photo to PSA for authentication, quite often a requisite for potential buyers of sports memorabilia.

The Fischers were informed, via email, that “PSA supposedly determined that the photograph was not an original team photo and downgraded the item for the upcoming auction,” court papers say. Lelands eventually removed the photo from the auction catalogue and the family asked that it be returned.

Three other lots did sell, including a winning bid of $2,198.40 for McAvoy’s baseball photo album. The team photo was never returned, according to the lawsuit.

“For several months thereafter, Lelands either ignored Mr. Fischer’s inquiries or treated them cavalierly,” court papers say. “It was not until April 23, 2021, in an e-mail from Jillian Clinedinst, Lelands general manager, that John Fischer was advised that PSA could not locate the photograph and that Lelands could not return it to the Fischer family.” Instead, the e-mail said that PSA had offered a $4,000 credit.

Since the photo has not been returned, the family cannot seek a second opinion regarding authenticity.

“Because the other three items were of the same vintage as the photograph, were owned by Mr. McAvoy, himself a former professional baseball player and were displayed by his family for many years, the provenance of the photograph is strong,” O’Brien wrote in the court filing.

Neither Lelands nor PSA has given the family an explanation for what happened to the photo, court papers say. That it is now apparently missing doesn’t mean the family should simply accept PSA’s reported finding that that photo is not an original.

“The defendants should not be heard to argue that the photograph was a second or third generation image, that it lacked authenticity or otherwise was not as valuable as the one Lelands previously sold,” court papers say. “The defendants have denied the plaintiffs — and any experts with whom they might consult — the opportunity to confirm or deny the photograph’s quality and value.”

The suit also questions why Lelands sent the photo to PSA, since the auctioneer’s website says “serious-minded sellers come to Lelands first, relying on us for prompt and precise in-house authentication, and to provide current and potential future value range.”

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