The 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
Tag Archives: New York General Obligations Law § 5-701
New York Court of Appeals to Address Jenack Decision Requiring Disclosure of Consignment Seller’s Identity to Enforce Sale Contract
Posted in ConsignmentThere is a new development in the decision last fall in which the Appellate Division of the New York Supreme Court ruled 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 consistent with New York General Obligations… Continue Reading
Does Jenack Decision Really Require Disclosure of Seller’s Name? Yes, if the Buyer Won’t Pay
Posted in UncategorizedThe Jenack decision addressed recently at the Art Law Report has been the subject of intense comment and criticism since being widely reported. Donn Zaretsky’s roundup of the commentary raises an interesting and important question, with analysis from Jonathan Olsoff of Sotheby’s and Jo Laird, former general counsel at Christie’s. Namely, does the decision actually… Continue Reading
Auction Consignors’ Names Must be Disclosed in New York: an Art Twist on a Very Old Law
Posted in Collections, Consignment, LegislationIt is a busy fall for consignment law in New York. News has been making the rounds this month about a decision by the Appellate Division of the New York Supreme Court, New York’s intermediate appeals court. The Appellate Division ruled that an auctioneer must disclose the name of any owner who has consigned the work… Continue Reading