Wesselmann v. International Images, Inc.

OPINION OF THE COURT

Beverly S. Cohen, J.

The issue presented by this motion is whether under Arts and Cultural Affairs Law § 12.01 the publisher and seller of prints is an art merchant, as defined in the statute, who holds the prints and the proceeds from their sale in trust for the benefit of the artist. This issue has never been addressed by any other court.

The plaintiffs in this case are the internationally acclaimed pop artist, Tom Wesselmann, his wife, and a corporation wholly owned by them. The defendants are Hugh MacKay, his estranged wife Karla MacKay, a corporation owned by them,…