MARC JANCOU FINE ART LTD. v. SOTHEBY'S, INC.

10494, 650316/12.

107 A.D.3d 637 (2013)

967 N.Y.S.2d 649

2013 NY Slip Op 4901

MARC JANCOU FINE ART LTD., Appellant, v. SOTHEBY'S, INC., Respondent, and CADY NOLAND, Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 27, 2013.


The consignment agreement between plaintiff and Sotheby's permitted Sotheby's to withdraw the artwork owned by plaintiff from auction if Sotheby's had any doubt, in its sole judgment, as to the work's "attribution" as defined in the Federal Visual Artists Rights Act of 1990 (17 USC § 106A). After the artwork was scheduled to be auctioned, defendant Noland, the author of the artwork, demanded that Sotheby's withdraw the work from auction, asserting that her honor and...

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