New York Consolidated Laws

N.Y. Arts and Cultural Affairs Law § 12.03 (2026)

Exemption from seizure

✓ current as of May 2026

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§ 12.03. Exemption from seizure. No process of attachment, execution,
sequestration, replevin, distress or any kind of seizure shall be served
or levied upon any work of fine art while the same is enroute to or
from, or while on exhibition or deposited by a nonresident exhibitor at
any exhibition held under the auspices or supervision of any museum,
college, university or other nonprofit art gallery, institution or
organization within any city or county of this state for any cultural,
educational, charitable or other purpose not conducted for profit to the
exhibitor, nor shall such work of fine art be subject to attachment,
seizure, levy or sale, for any cause whatever in the hands of the
authorities of such exhibition or otherwise.

Notes of Decisions

Cited in 4 cases, 1998–2008 · leading case: Tzolis v. Wolff, 884 N.E.2d 1005 (NY 2008).

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Tzolis v. Wolff, 884 N.E.2d 1005 (NY 2008). · cites it 4× “on loan to the Museum of Modern Art in New York" from a museum in Vienna (internal quotation marks omitted).”

In Re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art, 719 N.E.2d 897 (NY 1999). · cites it 10× “In this case we must determine whether Arts and Cultural Affairs Law § 12.03, which protects the artwork of nonresident lenders from "any kind of seizure" while on exhibit in New York State, encompasses a subpoena duces tecum requiring production of two paintings by Egon Schiele…”

In re the Application to Quash Grand Jury Subpoena Duces Tecum, 177 Misc. 2d 985 (N.Y. Sup. Ct. 1998). · cites it 9× “(Arts and Cultural Affairs Law § 12.03.) The Museum believed this law to be absolute and all encompassing.”

In re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art, 253 A.D.2d 211 (N.Y. App. Div. 1999). · cites it 3× “The issue presented is whether the Legislature, in enacting what is known as the New York Exemption from Seizure Law (Arts and Cultural Affairs Law § 12.03), intended it to affect criminal proceedings.”

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