In the course of our work here, I like to call out books and articles that I feel are worthy of praise, usually the in the course of a particular post or issue. After a too-long stay on the corner of my desk awaiting time to read it, I finally finished a book published last… Continue Reading
Category Archives: Auctions
Subscribe to Auctions RSS FeedAre “Flight Goods” Different than Looted Art? Questions About Fair Value and Duress in Wartime Resonate After Recent Limbach Commission Decision
Posted in Auctions, Restitution, World War IIA conference was held last week at the Oskar Reinhart Museum in Winterthur, Switzerland, entitled “Fluchtgut: Geschichte, Recht und Moral” (Flight Goods: History, Law and Morality). The objective conference was described in its program as follows (my translation): As a result of the Nazi policies of persecution, expropriation, and plundering, Switzerland has played a significant… Continue Reading
Reactions to Jenack Decision Are Surprisingly Limited So Far
Posted in Auctions, LegislationSince the Court of Appeals’ decision in William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh was released on Tuesday (a decision that the New York Times noted was “first reported by the Art Law Report blog”), reactions have started to come in to the decision. Somewhat surprisingly, they have thus far been… Continue Reading
Jenack v. Rabidazeh Decision Reversed: Auction Sellers and Consignors Can Remain Anonymous
Posted in Auctions, LegislationThe New York Court of Appeals reversed this morning the decision in Jenack v. Rabidazeh last fall by the Appellate Division of the New York Supreme Court that had held that an auctioneer must disclose the name of the actual owner who has consigned the work, to enforce that sale consistent with the state’s Statute of… Continue Reading
The Auctioneer is the Agent of the Seller in Every Auction: Buyer Gets the Better of Argument in Jenack Appeal Oral Argument. Are Auction Houses Ready if Result Stands?
Posted in Auctions, LegislationThe New York Court of Appeals held oral argument last week in the appeal from the Appellate Division of the New York Supreme Court’s ruling in Jenack v. Rabizadeh that an auctioneer must disclose the name of any owner who has consigned the work for sale, or a sale against a successful bidder cannot… Continue Reading
Jenack Case Set for Oral Argument, Appeal Tests Obligation for Auction Houses in New York to Disclose Seller’s Name
Posted in Auctions, Consignment, Legislation, UncategorizedThe New York Court of Appeals has set a hearing date on the appeal of the William J. Jenack action house of the Appellate Division’s ruling last year that an auctioneer must disclose the name of any owner who has consigned the work for sale, or a sale against a successful bidder cannot be enforced… Continue Reading
Lawsuit Against Sotheby’s for Nazi-tainted Art Sale Dismissed; Why it Was Filed in California at all Remains Unclear
Posted in Auctions, Collections, RestitutionA federal court in California has dismissed a claim by a buyer against Sotheby’s that alleged that the auction house sold him a work whose title was clouded because Hermann Göring had once owned it. What seemed liked a interesting new theory of liability was dismissed because the buyer had agreed in advance to litigate any… Continue Reading
New York Times Analyzes Jenack Appeal, Art Law Report Quoted
Posted in Auctions, CollectionsThe New York Times has stepped into the fray in reviewing the New York Court of Appeals’s decision to review the Rabizadeh/Jenack appeal concerning the application of New York’s Statute of Frauds to compel disclosure of a consignment seller at auction. The article zeroes in on the potential impacts to the ways in which auction… Continue Reading
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