2023 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 › 15.15 - Remedies and Enforcement.

§ 15.15. Remedies  and  enforcement.  1.  An art merchant, including a
merchant consignee, who offers or sells a multiple in, into or from this
state without providing the information required by this article for the
appropriate time period, or who provides required information  which  is
mistaken,  erroneous  or  untrue,  except  for  harmless  errors such as
typographical errors, shall be liable  to  the  purchaser  to  whom  the
multiple  was  sold.  The  merchant's  liability  shall  consist  of the
consideration paid by the purchaser  with  interest  from  the  time  of
payment  at  the  rate  prescribed  by section five thousand four of the
civil practice law and rules or any successor provisions  thereto,  upon
the  return of the multiple in substantially the same condition in which
received by the purchaser. This  remedy  shall  not  bar  or  be  deemed
inconsistent with a claim for damages or with the exercise of additional
remedies otherwise available to the purchaser.
2. In any proceeding in which an art merchant relies upon a disclaimer
of knowledge as to any relevant information required by this article for
the  appropriate time period, such disclaimer shall be effective only if
it complies with the provisions of section 13.05 of this  title,  unless
the  claimant  is  able  to  establish  that the merchant failed to make
reasonable inquiries, according to the custom and usage of the trade, to
ascertain the relevant information or  that  such  relevant  information
would have been ascertained as a result of such reasonable inquiries.
3.  (a)  The  purchaser  of  such  a multiple may recover from the art
merchant an amount equal to three times  the  amount  recoverable  under
subdivision  one  of this section if an art merchant offers, consigns or
sells a multiple and:
(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.