Domenico De Sole, chairman of the fashion powerhouse, Tom Ford International, is suing Michael Hammer, chairman of the disgraced Knoedler Gallery. De Sole and his wife, Eleanore, claim that Hammer sold the couple a fake Mark Rothko (1903–1970) painting (Untitled, 1956) for $8.3 million back in 2004. The allegation against Hammer is an amendment to a lawsuit that was originally filed against Knoedler on March 28.

De Sole’s suit is one of three against Knoedler and its former director, Ann Freedman. The suits all claim that Knoedler Gallery knowingly sold counterfeits. Between the three cases, the plaintiffs are seeking more than $70 million in damages.

Knoedler closed on November 30, 2011 after 165 years in the art world. A claim that the gallery sold a fake Jackson Pollack (1912–1956) painting for $17 million was the reason for Knoedler’s abrupt departure.

In addition to Hammer, the De Sole suit has introduced three new defendants to the ongoing Rothko/Knoedler case. Glafira Rosales, a Long Island art dealer who consigned artworks to Knoedler is newly involved as is as Jaime Andrade, a former Knoedler employee who introduced Rosales to the gallery. Jose Carlos Bergantinos Diaz, Rosales companion and business partner has also been added to the suit.

When Knoedler sold Untitled, 1956 to the De Soles, Freedman claimed that a Swiss collector had bought it directly from Rothko, and after the collector’s death, Knoedler was responsible for selling the work on his son’s behalf. The gallery had bought the painting from Rosales a year earlier for $950,000 and relied on her work about the painting’s provenance. Suspicions arose after Knoedler Gallery closed amidst the Pollack scandal and the De Soles’ lawyers hire a forensic conservator who found the painting’s marks and composition were inconsistent with Rothko’s technique.