The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Category Archives: Consignment

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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

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

Change to New York Art Consignment Statute Adds Protections, Risks

Posted in Collections, Consignment, Legislation, Trusts

New York has passed an amendment to its Arts & Cultural Affairs law, N.Y. Arts & Cult. Aff. Law §12.01(2012), that is important for artist, galleries, and dealers alike.  It affects the consignment relationship and creates critical new duties—and liabilities, for the dealer on consignment.  Most importantly, it makes using any form of agreement drafted… Continue Reading