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A Private Auction, in Which Parties Agree to Certain Bidding terms to Select Potential Purchasers, has to be Conducted According to the Terms Agreed between the Parties
The First Judicial Department of the Appellate Division of the New York Supreme Court held in Valeo Engine Cooling v. Guy F. Atkinson Co., 240 A.D.2d 176 (N.Y. App. Div. 1st Dep't 1997) that the conventional method of selling the property to the highest bidder by receiving, competitive oral bids need not be followed when the parties involved in an auction sale agreed to conduct a private aucti...
The New York Uniform Commercial Code Considers Antique Furniture as Goods; Therefore a Aause of Action for Breach of Contract in such Auction Sales is Barred by Four Year Statute of Limitation
The Supreme Court of New York of the New York County in Real Prop. Acquisitions Inc. v. Christie's Inc., 2005 N.Y. Misc. LEXIS 3285, 233 N.Y.L.J. 59 (N.Y. Sup. Ct. 2005) held that a cause of action for breach of contract for the sale of goods is barred by four-year statute of limitations. The court found that the antique furniture purchased at auction is considered goods within the meaning of ...
English Law Governs Actions for Conversion in Connection With Auctioning of Rare Table That had Been Stored at Warehouse in England but Auctioned in New York
The Supreme Court of New York, Appellate Division, First Department in Goldsmith v. Sotheby's, Inc.52 A.D.3d 230 (2008 New York)held that the English law applied to an action for conversion filed in connection with the auctioning of a rare table that was owned by the plaintiff, stored at a warehouse in England, and auctioned in New York. In this case, there existed conflict between...
New York Wine and Liquor
McKinney's Consolidated Laws of New York Annotated Alcoholic Beverage Control Law (Refs & Annos) Chapter 3-B. Of the Consolidated Laws Article 7. Special Permits § 99-g. Sale of privately held wines and liquors 1. (a) Any nonlicensed person legally owning wine and/or liquor is authorized to sell that wine and/or liquor to a licensed person or through a licensed person to an...
Auctions and Auctioneers in New York
McKinney's Consolidated Laws of New York Annotated General Business Law (Refs & Annos) Chapter 20. Of the Consolidated Laws Article 3. Auctions and Auctioneers (Refs & Annos) § 21. Commissions; penalty § 22. Power of common council of cities § 23. Automobile auctioneer § 24. Mock auction § 25. Records to be kept by auctioneers § 26. Record o...
When Sale of Auction Lot Final New York
McKinney's Consolidated Laws of New York Annotated Uniform Commercial Code Chapter 38. Of the Consolidated Laws (Refs & Annos) Article 2. Sales (Refs & Annos) Part 3. General Obligation and Construction of Contract § 2-328. Sale by Auction (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete...
Auction of Wines and Liquors New York
New York Statutes Alcoholic Beverage Control Article 7. SPECIAL PERMITS Current through 2013 New York Laws, Chapter 552 § 99-G. Sale of privately held wines and liquors 1. (a) Any nonlicensed person legally owning wine and/or liquor is authorized to sell that wine and/or liquor to a licensed person or through a licensed person to an individual or gr...
Transactions involving Artists and Works New York
New York Statutes Arts and Cultural Affairs Title C. TRANSACTIONS INVOLVING ARTISTS AND THEIR WORKS Article 11. DEFINITIONS Current through 2013 New York Laws, Chapter 552 § 11.01. Definitions As used in this title: 1. "Artist" means the creator of a work of fine art or, in the case of multiples, the person who conceived or created the image which is contai...
Sale of Autographed Sports Collectibles New York
New York Statutes Arts and Cultural Affairs Title V-1. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES Article 60. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES Current through 2013 New York Laws, Chapter 552 § 60.01. Definitions As used in this article, the following terms shall have the following meanings: 1. "Autographed" means bearing the actual signature of a sports...
Exemption to Going Out of Business Sale for Auctioneers
New York Statutes General Business Article 29-F. GOING OUT OF BUSINESS SALES Current through 2013 New York Laws, Chapter 552 § 584. Exceptions The provisions of this article shall not apply to any sale advertised as an "alteration sale," "remodeling sale," "clearance sale," "surplus stock liquidation sale," "floor sample sale," "inve...
Contracts to be in Writing New York Law
New York Statutes General Obligations Article 5. CREATION, DEFINITION AND ENFORCEMENT OF CONTRACTUAL OBLIGATIONS Title 7. REQUIREMENTS OF WRITING, EXECUTION OR ACKNOWLEDGMENT FOR EFFECTIVENESS OR ENFORCEABILITY Current through 2013 New York Laws, Chapter 552 § 5-701. Agreements required to be in writing a. Every agreement, promise or undertaking is void, unless it or ...
When Sale of Auction Lot Final New York Law
New York Statutes Uniform Commercial Code Article 2. SALES Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT Current through 2013 New York Laws, Chapter 552 § 2-328. Sale by Auction (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announce...
New York With Reserve and without Reserve Auction
New York Statutes Uniform Commercial Code Article 2. SALES Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT Current through 2013 New York Laws, Chapter 552 § 2-328. Sale by Auction (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announce...
New York Sheriffs Sale by Auction
New York City Administrative Code Title 7. Legal Affairs Chapter 5. City Sheriff Current through 2013 New York City Local Law 133 and 2013 New York Laws, Chapter 517 § 7-508. Sheriff's sale a. Auctioneer; fees. 1. Whenever the sheriff is required by law to sell real or personal property, he or she may, and if requested in writing by any party or...
New York State Laws Regulating Auctions and Auctioneers
New York Statutes General Business Article 3. AUCTIONS AND AUCTIONEERS Current through 2013 New York Laws, Chapter 552 § 21. Commissions; penalty An auctioneer in any county, other than New York or Kings, shall not, without a previous agreement in writing, with the owner or consignee of the goods sold, demand or receive a greater compensation for his services than a commission of two and...
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