Displaying items by tag: plaintiff

Manhattan’s federal court has dismissed a lawsuit brought by Elizabeth Bilinski and 19 other collectors against the Keith Haring Foundation over its refusal to authenticate 111 works.

According to the court papers, Bilinski submitted works she owned by Haring, which she and the other plaintiffs had acquired from Angelo Moreno, a friend of the artist, to the foundation in 2007. But the foundation, without giving a reason, rejected the pieces as “not authentic.” When Bilinski submitted what she considered more evidence of authenticity, including a statement from Moreno, the foundation refused to reconsider its decision. The collectors said that a forensic report indicated that the art could have been created during Haring’s lifetime, and that experts at Sotheby’s believed the works to be authentic, but the auction house refused to sell them without the foundation’s approval.

The billionaire Ronald Perelman's lawsuit accusing New York City art gallery owner Larry Gagosian of defrauding him into overpaying for a Cy Twombly painting has been thrown out by a unanimous state appeals court.

Despite being a "sophisticated" plaintiff, Perelman "conducted no due diligence" to determine the value of Twombly's "Leaving Paphos Ringed With Waves" before agreeing to buy it for $10.5 million, the Manhattan court said on Thursday.

A second plaintiff has come forward with a fraud claim against Germany’s most prominent art advisor, Helge Achenbach, according to the Handelsblatt. The state prosecutor, Anette Milk would only confirm on Thursday that a second claimant had been registered but would not disclose his or her name. The paper reports, however, that the claimant is Bernd Viehof, the billionaire son of Allkauf founder Eugen Viehof.

According to the report, Viehof was allegedly defrauded of between €1.5–2.5 million ($2–3.3 million) during the purchase of one or more artworks by George Baselitz.

O. Aldon James, the former director of the prestigious National Arts Club in New York, has been ordered to pay $950,000 to settle claims that he mismanaged the institution and used its funds to support his lavish lifestyle. State Attorney General Eric Schneiderman sued James in September 2013, claiming that him, his brother and an associate were using over a dozen apartments and other space at the club’s headquarters rent-free. Schneiderman also said that James used tens of thousands of dollars to purchase goods from antique store, flea markets and vintage clothing boutiques.

The settlement will be divided between Schneiderman and the club – $50,000 will go to the plaintiff and the remaining $900,000 will be given to the organization. However, many critics feel that James and his cohorts should have been more severely punished since the club has accrued over $1 million in legal fees alone thanks to the debacle. In addition to the fine, James has been banned from any future nonprofit leadership roles and must vacate the spaces he occupied at the club by the end of July.

The private National Arts Club was founded in 1898 by the art and literary critic for the New York Times, Charles DeKay. The organization’s goal has remained intact: to “stimulate, foster and promote public interest in the arts and to educate the American people in the fine arts.” A long list of distinguished artists have belong to the National Arts Club since its founding including Robert Henri, William Merritt Chase and Alfred Stieglitz.    

On January 23, 2013, a three-judge federal appellate court in California heard arguments from the heirs and relatives of a prominent Hungarian art collector. The lead plaintiff, David de Csepel, is the great-grandson of Jewish banker Baron Mór Lipót Herzog whose legendary art collection once included works by El Greco (1541-1614), Anthony van Dyck (1599-1641), Diego Velázquez (1599-1660), Pierre-Auguste Renoir (1841-1919), and Claude Monet (1840-1926).

The case, which could be the last major art restitution case relating to the Holocaust, involves 40 artworks valued at $100 million that were seized by Nazis during World War II. Csepel argued that Hungarian courts acted unjustly as they have never returned the stolen paintings nor paid restitution to Herzog’s relatives. In fact, a number of paintings once belonging to Herzog remain in the collections of Hungarian museums.

The lawsuit is attempting to use U.S. courts to press charges against the Hungarian government, three of the country’s museums, and a university. However, the Hungarian government’s lawyers argue that U.S. courts have no jurisdiction on foreign soil, pushing to have the case played out in Hungarian courts or the International Court of Justice. The plantiff’s attorney, Michael Shuster, claims that the case is relevant for U.S. courts because most of the living heirs involved in the case are U.S. citizens and that Hungarian courts can be problematic.