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Cohen v. G & M Realty L.P. | 988 F. Supp. 2d 212, 2013 Copr. L. Dec. P 30, 523 (2013)

Cohen versus G and M Realty concerns the artistic status of ephemeral exterior aerosol art, better known as graffiti.

Gerald Wolkoff owned several commercial buildings in Long Island City that were perpetually covered with graffiti. The place was known as the Phun Phactory. In two thousand two, graffiti artist Jonathan Cohen offered to curate the chaotic artworks. Wolkoff agreed, but he told Cohen that he’d eventually be knocking down the buildings. Neither party put anything in writing.

Under Cohen’s supervision, the area became famous for its high quality collection of aerosol art by world famous artists. It was known as Five Pointz, a name meant to reflect the coming together of New York’s five boroughs. The site attracted tour buses, photographers, event planners, and movie producers.

Then Wolkoff announced that he was tearing down the buildings and replacing them with apartment blocks.

Cohen and a number of other graffiti artists sued under the Visual Artists Rights Act of Nineteen Ninety, seeking to prevent the destruction of their paintings.

After a hearing at which the artists displayed photographs of their work and offered expert testimony about its significance, the court denied the artists’ request for a preliminary injunction, promising an opinion to follow. Before the opinion was issued, Wolkoff had the buildings whitewashed, covering all the graffiti.

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