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 for sale, or a sale against a successful bidder cannot be enforced. The auction world is in an uproar, but the result actually derives from a version of a very old law called the Statute of Frauds about what has to be in writing for a contract to be enforceable, for reasons that have nothing to do with art or auctions.
Auction Consignors’ Names Must be Disclosed in New York: an Art Twist on a Very Old Law
Posted by
Nicholas O'Donnell on October 26, 2012 at 11:46 AM
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Topics: Legislation, consignment, New York General Obligations Law § 5-701, Ivan Petrovich Khlebnikov, Court of Appeals, Collections, Statute of Frauds, Albert Rabizadeh, William J. Jenack, auction
"Nite Moves" Loses in the Court of Appeals—Lap Dancing is Not Art in New York
Posted by
Nicholas O'Donnell on October 24, 2012 at 1:19 PM
The New York Court of Appeals has rejected the must-watched effort by Nite Moves, a Albany-area strip club, to exempt itself from sales tax on the grounds that exotic dancing was protectable First Amendment expression. The high court ruled that the club failed to carry its burden to prve that the dances were “choreographed performances.” The quote of the day, however, goes to the dissent:
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Topics: Court of Appeals, First Amendment, Nite Moves, lap dancing
