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Tag Archives: Statute of Frauds

New York Times Analyzes Jenack Appeal, Art Law Report Quoted

Posted in Auctions, Collections

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

New York Court of Appeals to Address Jenack Decision Requiring Disclosure of Consignment Seller’s Identity to Enforce Sale Contract

Posted in Consignment

There 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 Uncategorized

The 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, Legislation

It 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