(i) willfully fails to provide the information required by this
article for the appropriate time period;
(ii) knowingly provides false information; or
(iii) the purchaser can establish that the merchant willfully and
falsely disclaimed knowledge as to any required information.
(b) Pursuant to subparagraphs (i) and (iii) of paragraph (a) of this
subdivision, a merchant may introduce evidence of the relevant usage and
custom of the trade in any proceeding in which such treble damages are
sought. This subdivision shall not be deemed to negate the applicability
of article thirteen of this chapter as to authenticity and article
thirteen is applicable, as to authenticity, to the multiples covered by
the provisions of this article.
4. In any action to enforce any provision of this article, the court
may allow the prevailing purchaser the costs of the action together with
reasonable attorneys' and expert witnesses' fees. In the event, however,
the court determines that an action to enforce was brought in bad faith
it may allow such expenses to the art merchant as it deems appropriate.
5. An action to enforce any liability under this article shall be
brought within the period prescribed for such actions by article two of
the uniform commercial code.
Structure New York Laws
ACA - Arts and Cultural Affairs
Title C - Transactions Involving Artists and Their Works
Article 15 - Sale of Visual Art Objects and Sculptures Produced in Multiples
15.01 - Full Disclosure in the Sale of Certain Visual Art Objects Produced in Multiples.
15.05 - Information Required; Nineteen Hundred Fifty to January First, Nineteen Hundred Eighty-Two.
15.07 - Information Required; Nineteen Hundred to Nineteen Hundred Forty-Nine.
15.09 - Information Required; Pre-Nineteen Hundred.
15.10 - Information Required for Sculptures.