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WEISZ v. PARKE-BERNET GALLERIES

77 Misc.2d 80 (1974)

Arthur Weisz, Respondent, v. Parke-Bernet Galleries, Inc., Appellant. David Schwartz et al., Respondents, v. Parke-Bernet Galleries, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

January 25, 1974

Attorney(s) appearing for the Case

Weil, Gotshal & Manges (Edward C. Wallace and Heather Grant Florence of counsel), for appellant.

Wien, Lane & Malkin (Melvyn H. Halper and Stephen Schlakman of counsel), for respondents.

Concur — QUINN, J. P., LUPIANO and FINE, JJ.

Per Curiam.

Plaintiffs' purchases by competitive bids at a public auction were made in 1962 and 1964. At that time neither the statutory nor decisional law, applicable to such purchases, recognized the expressed opinion or judgment of the seller as giving rise to any implied warranty of authenticity of authorship. (See Memorandum of the State Dept. of Law [McKinney's 1968 Session Laws, vol. 2, pp. 2284-2285] recommending remedial legislation [now General Business...

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