Jenack v. Rabizadeh
William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh, Slip Op. (Supreme Court, Orange County, Nov. 16, 2009); rev’d by 99 A.D.3d 270 (N.Y. App. Div. 2d Dep’t 2012); rev’d by – NY3d –, 2013 NY Slip. Op. 08373 (Dec. 17, 2013).
When a New York auction house (Jenack) claimed damages after a winning bidder (Rabizadeh) reneged, the bidder asserted that the auction contract was unenforceable. At issue was whether a consignor’s name must be revealed by an auction house to satisfy New York General Obligations Law § 5- 701(a)(6), also known as the Statute of Frauds. The trial court held in favor of the auction house, but . . .