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This entry was published on 2014-09-22
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SECTION 15.15
Remedies and enforcement
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE C, ARTICLE 15
§ 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.