Since 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 relatively few in number. On the whole, few seem exercised about the decision, and no one is gloating, probably because it restores the age-old status quo to which everyone had become accustomed.
Reactions to Jenack Decision Are Surprisingly Limited So Far
Posted by
Nicholas O'Donnell on December 19, 2013 at 4:34 AM
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Topics: Legislation, consignment, New York General Obligations Law § 5-701(a)(6), Appellate Division, Auctions, New York Court of Appeals, Ivan Petrovich Khlebnikov, agency, Inc. v. Albert Rabizadeh, New York Supreme Court, Hicks v. Whitmore, Morris Cohon & Co. v. Russell, disclosure, Statute of Frauds, anonymous seller, identity, auction, William J. Jenack Estate Appraisers and Auctioneer
Jenack v. Rabidazeh Decision Reversed: Auction Sellers and Consignors Can Remain Anonymous
Posted by
Nicholas O'Donnell on December 17, 2013 at 5:39 AM
The 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 Frauds. The court concluded that “there exists sufficient documentation of a statutorily adequate writing” such that the Statute of Frauds was satisfied and the agreement is enforceable against Albert Rabizadeh, the winning auction bidder. The result is a sensible one both for stability in the market—the most important jurisdiction in the United States for that—as well as for anyone concerned about provenance and smuggling, as counterintuitive as that might initially appear. The decision is William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh (still unpublished).
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Topics: Legislation, consignment, New York General Obligations Law § 5-701(a)(6), Appellate Division, Auctions, New York Court of Appeals, Ivan Petrovich Khlebnikov, agency, Inc. v. Albert Rabizadeh, New York Supreme Court, Hicks v. Whitmore, Morris Cohon & Co. v. Russell, disclosure, Statute of Frauds, anonymous seller, identity, auction, William J. Jenack Estate Appraisers and Auctioneer
Does Jenack Decision Really Require Disclosure of Seller’s Name? Yes, if the Buyer Won't Pay
Posted by
Nicholas O'Donnell on November 6, 2012 at 11:00 AM
The Jenack decision addressed recently at the Art Law Report has been the subject of intense comment and criticism since being widely reported.
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Topics: Donn Zaretsky, New York General Obligations Law § 5-701, Appellate Division, New York Court of Appeals, Jonathan Olsoff, Jo Laird, Christie's, Statute of Frauds, William J. Jenack, Sotheby's, Art Law Report
