N.Y. Arts and Cultural Affairs Law 13.05 – Express warranties for multiples
§ 13.05. Express warranties for multiples. 1. When an art merchant furnishes the name of the artist of a multiple, or otherwise furnishes information required by this title for any time period as to transactions including offers, sales or consignments, the provisions of section 13.01 of this article shall apply except that said section shall be deemed to include sales to art merchants. The existence of a reasonable basis in fact for information warranted shall not be a defense in an action to enforce such warranty, except in the case of photographs produced prior to nineteen hundred fifty, and multiples produced prior to nineteen hundred.
Terms Used In N.Y. Arts and Cultural Affairs Law 13.05
- art merchant: includes an auctioneer who sells such works at public auction, and except in the case of multiples, includes persons, not otherwise defined or treated as art merchants herein, who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 11.01
- Artist: means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contained in or which constitutes the master from which the individual print was made. See N.Y. Arts and Cultural Affairs Law 11.01
- multiples: means prints, photographs, positive or negative, sculpture and similar art objects produced in more than one copy and sold, offered for sale or consigned in, into or from this state for an amount in excess of one hundred dollars exclusive of any frame or in the case of sculpture, an amount in excess of fifteen hundred dollars. See N.Y. Arts and Cultural Affairs Law 11.01
2. The provisions of subdivision four of section 13.01 of this article shall apply when an art merchant disclaims knowledge as to a multiple about which information is required by this title, provided that in addition, such disclaimer shall be ineffective unless clearly, specifically and categorically stated as to each item of information and contained in the physical context of other language setting forth the required information as to a specific multiple.