N.Y. Arts and Cultural Affairs Law Section 15.13
Construction


1.

The rights, liabilities and remedies created by this article shall be construed to be in addition to and not in substitution, exclusion or displacement of other rights, liabilities and remedies provided by law, except where such construction would, as a matter of law, be unreasonable.

2.

Whenever an artist sells or consigns a multiple of his own creation, the artist shall incur the obligations prescribed by this article for an art merchant, but an artist shall not otherwise be regarded as an art merchant.

3.

An artist or merchant who consigns a multiple to a merchant for the purpose of effecting a sale of the multiple shall have no liability to a purchaser under this article if such consignor, as to the consignee, has complied with the provisions of this article.

4.

When a merchant has agreed to sell a multiple on behalf of a consignor, who is not an art merchant, or when an artist has not consigned a multiple to a merchant, but the merchant has agreed to act as the agent for an artist for the purpose of supplying the information required by this article, such merchant shall incur liabilities of other merchants prescribed by this article as to a purchaser.

5.

When an art merchant or merchant is liable to a purchaser pursuant to the provisions of this article, as a result of providing information in the situations referred to above in this section, as well as when such a merchant purchased such a multiple from another merchant, if the merchant or art merchant can establish that his liability results from incorrect information which was provided by the consignor, artist or merchant to him in writing, the merchant who is liable in good faith relied on such information, the consignor, artist or merchant shall similarly incur such liabilities as to the purchaser and such merchant.

Source: Section 15.13 — Construction, https://www.­nysenate.­gov/legislation/laws/ACA/15.­13 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 15.13’s source at nysenate​.gov

Link Style