§ 15.15 — Remedies and enforcement

New York § 15.15

• Jurisdiction: New York
• Law ACA: Arts and Cultural Affairs
• Title C: Transactions Involving Artists and Their Works
• Art. 15: Sale of Visual Art Objects and Sculptures Produced In Multiples

Text

§ 15.15. Remedies and enforcement. 1. An art merchant, including a\nmerchant consignee, who offers or sells a multiple in, into or from this\nstate without providing the information required by this article for the\nappropriate time period, or who provides required information which is\nmistaken, erroneous or untrue, except for harmless errors such as\ntypographical errors, shall be liable to the purchaser to whom the\nmultiple was sold. The merchant's liability shall consist of the\nconsideration paid by the purchaser with interest from the time of\npayment at the rate prescribed by section five thousand four of the\ncivil practice law and rules or any successor provisions thereto, upon\nthe return of the multiple in substantially the same condition in which\nreceived by the purchaser. This remedy shall not bar or be deemed\ninconsistent with a claim for damages or with the exercise of additional\nremedies otherwise available to the purchaser.\n 2. In any proceeding in which an art merchant relies upon a disclaimer\nof knowledge as to any relevant information required by this article for\nthe appropriate time period, such disclaimer shall be effective only if\nit complies with the provisions of section 13.05 of this title, unless\nthe claimant is able to establish that the merchant failed to make\nreasonable inquiries, according to the custom and usage of the trade, to\nascertain the relevant information or that such relevant information\nwould have been ascertained as a result of such reasonable inquiries.\n 3. (a) The purchaser of such a multiple may recover from the art\nmerchant an amount equal to three times the amount recoverable under\nsubdivision one of this section if an art merchant offers, consigns or\nsells a multiple and:\n (i) willfully fails to provide the information required by this\narticle for the appropriate time period;\n (ii) knowingly provides false information; or\n (iii) the purchaser can establish that the merchant willfully and\nfalsely disclaimed knowledge as to any required information.\n (b) Pursuant to subparagraphs (i) and (iii) of paragraph (a) of this\nsubdivision, a merchant may introduce evidence of the relevant usage and\ncustom of the trade in any proceeding in which such treble damages are\nsought. This subdivision shall not be deemed to negate the applicability\nof article thirteen of this chapter as to authenticity and article\nthirteen is applicable, as to authenticity, to the multiples covered by\nthe provisions of this article.\n 4. In any action to enforce any provision of this article, the court\nmay allow the prevailing purchaser the costs of the action together with\nreasonable attorneys' and expert witnesses' fees. In the event, however,\nthe court determines that an action to enforce was brought in bad faith\nit may allow such expenses to the art merchant as it deems appropriate.\n 5. An action to enforce any liability under this article shall be\nbrought within the period prescribed for such actions by article two of\nthe uniform commercial code.\n