Cohen v. G & M Realty L.P.

Gerald Wolkoff's company, G&M Realty (defendant), let curator Jonathan Cohen and other aerosol artists (plaintiffs) paint murals on warehouse walls at 5Pointz, which became a renowned graffiti-art destination featured in films and music videos; when Wolkoff planned to demolish the buildings for condos, the artists sued to enjoin demolition under the Visual Artists Rights Act (VARA). After the court denied a preliminary injunction but signaled a forthcoming written opinion, Wolkoff whitewashed all the murals before that opinion issued; the court allowed development to proceed but warned of substantial damages if a jury found the murals had "recognized stature," and a jury found liability for 36 of 49 murals before the court issued its own findings.