Weisz v. Parke-Bernet Galleries, Inc.
67 Misc.2d 1077, 325 N.Y.S.2d 576 (N.Y.City Civ.Ct. 1971)

  • Weisz bought a painting at a Parke auction for $3k.  He later found out it was a forgery.  He sued.
    • The Parke catalog contained a disclaimer saying that they were not responsible for the genuineness or authorship of the items they sold.  Everything was sold 'as-is' and there are no warrantees.
    • However, that was only small section.  The rest of the catalog was filled with descriptions of the items, listing the artists in big letters. Regardless, the as-is clause was only in the catalog, it was not mentioned at the auction.
  • Trial Court found for Weisz, claiming that the disclaimer was insufficient.
    • The Trial Court found that the wording of the catalog was clearly designed to emphasize the genuineness of the art.
  • The Appellate Court reversed.
    • The Appellate Court felt that the disclaimer was sufficient.
    • The Court also held that buying art is inherently risky, and "let the buyer beware."