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Art Law Keyed to Gerstenblith, 4th Ed.
Weisz v. Parke-Bernet Galleries, Inc.
Citation:
351 N.Y.S.2d 911 (1974)Facts
The plaintiffs made purchases through competitive bidding at public auctions conducted by Parke-Bernet Galleries in 1962 and 1964. The defendant’s auction sale catalogue contained listings, descriptions, and illustrations of the paintings in question. Prominently featured in the prefatory terms of sale were clear and unequivocal disclaimers of any express or implied warranty or representation regarding the genuineness of any paintings as products of the ascribed artist. The plaintiffs subsequently challenged the authenticity of the paintings they had purchased. At the time of these transactions, the existing statutory and decisional law did not recognize the seller’s expressed opinion or judgment as creating an implied warranty of authenticity. The degree of certainty regarding authentication was one factor that necessarily entered into the competitive bidding process, affecting the variable value of the paintings.
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