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Case Summary

Dawson v. G. Malina, Inc.

Dawson v. G. Malina, Inc., 463 F. Supp. 461 (S.D.N.Y. 1978).

This was the first case to interpret what constitutes a breach of warranty under the New York General Business Law § 219-c (now codified as N.Y. Art & Cult. Aff. Law § 13.01), which provides that whenever an art merchant, in writing, identifies a work of art with any author or authorship, that description will be presumed to be part of the basis for the sale and will be considered an express warranty of authenticity—so long as the buyer is not an art merchant. The court held that . . . .

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