Weisz v. Parke-Bernet Galleries, Inc.
67 Misc.2d 1077, 325 N.Y.S.2d 576 (N.Y.City Civ.Ct. 1971)
bought a painting at a Parke auction for $3k.He later found out it was a forgery.He sued.
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.
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.
Court found for Weisz, claiming that the disclaimer was insufficient.
Trial Court found that the wording of the catalog was clearly designed to
emphasize the genuineness of the art.
Appellate Court felt that the disclaimer was sufficient.
Court also held that buying art is inherently risky, and
"let the buyer beware."