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Monday, 25 February 2013 13:27

Disgraced Knoedler Gallery Hit with New Lawsuit

Prominent Canadian art collector David Mirvish filed a lawsuit on Friday, February 22, 2013 against the disgraced New York-based art gallery, Knoedler & Company. Since closing its doors in late 2011, Knoedler & Company has been accused by multiple clients of selling forged paintings, which were acquired by the gallery from Long Island dealer Glafira Rosales. Mirvish’s is the fifth lawsuit against Knoedler since 2011.

However, Mirvish’s claim is slightly different than its predecessors. While the other lawsuits accused Knoedler of passing off fake Jackson Pollock (1912-1956), Robert Motherwell (1915-1991), and Mark Rothko (1903-1970) paintings as the real deal, Mirvish claims that the works he purchased from the gallery were authentic. Instead, Mirvish is arguing that he lost out on millions of dollars in profits when Knoedler failed to sell three Jackson Pollock masterpieces he purchased jointly with the gallery.

Between 2002 and 2007 Mirvish purchased two paintings attributed to Pollock and bough a half stake in a third for $1.6 million. The sole purpose of Mirvish’s dealings with Knoedler was to resell the works for a profit. One of the Pollock paintings sold to collector and hedge fund manager Pierre Lagrange for $17 million in 2007, but in 2011, the day before Knoedler shut down, Lagrange announced that he would be filing a lawsuit against the gallery as forensic testing suggested the painting was a fake. The Lagrange suit was eventually settled but Mirvish was not involved and refused to return the money he made off of the deal.

Mirvish is now seeking reparations for the two unsold Pollocks, claiming that Knoedler breached its agreement when the gallery suddenly went out of business. Mirvish is asking Knoedler to return the two paintings, referred to as “Greenish Pollock” and “Square Pollock,” as well as reimburse him for his $1.6 million stake in the third painting, referred to as “Silver Pollock.” Even though Mirvish only paid Knoedler $3.25 million, half of “Greenish Pollock” and “Square Pollock’s” purchase prices, he claims that Knoedler’s violation of contract entitles him to both paintings.

Nicholas Gravante, the lawyer of Knoedler’s former president, Ann Freeman, is representing Mirvish. Freeman is not named as a defendant in Mirvish’s case and she has maintained that all works acquired from Rosales are genuine. Rosales is currently under investigation by the F.B.I.    

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Christie’s kicked off their highly anticipated fall auctions with a lackluster Impressionist and Modern Art sale on Wednesday evening. While there were many outstanding circumstances (i.e., Hurricane Sandy, the presidential election, the Dow Jones’ drop) that may have contributed to the sale’s inability to reach its low estimate of $210 million, the auction garnered $204,800,000 but left 21 of its 69 lots unsold. Other factors that may have contributed to the uneven sale were too high estimates and an inconsistence in quality as it was the mid-level works that went without buyers.

The top sales were high with six works selling for over $10 million. Wassily Kandinsky’s early and rare Studie fur Improvisation 8 brought $23 million and a set a record for the artist at auction while just breaking its low estimate of $20 million. Claude Monet’s Nymphaes, a watercolor from his water lilies series, was the evening’s top lot at $43,762,500. Other top lots included Pablo Picasso’s Buste de Femme that sold for $13,074,500, Constantine Brancusi’s white plaster Une Muse that brought $12,402,500, and Joan Miro’s Peinture (Femme, Journal, Chien which fetched $13,746,500.

Sotheby’s sale begins today after three days of delays due to Hurricane Sandy.

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While sales totaled $3,486,127 million at Sotheby’s American Paintings, Drawings, and Sculpture auction on September 28th in New York, 35% of lots went unsold. Sotheby’s did slightly better than Christie’s in the American Art arena, but both sales are a testament to the lackluster performance of mid-season auctions.

“Sotheby’s did put a few more important paintings in the sale,” said Debra Force of Debra Force Fine Art, Inc. “The question is whether the clientele is there to buy it.” It appears that the clientele interested in purchasing Rockwells were at least in attendance. Is He Coming? (1919), a quintessential Norman Rockwell painting of a young boy and his dog peering up the chimney on what appears to be Christmas Eve, brought in $602,500. The final price was $300,000 more than than the paintings high estimate ($200,000–$300,000).

Sotheby’s sale featured more than 200 paintings, drawings, and sculptures and included property from two noteworthy private collections belonging to Margie and Robert E. Petersen and Susan Kahn Rosenkranz and Richard Rosenkranz. Highlights included works by Rockwell Kent, Marsden Harley, Grandma Moses, and Ben Shahn with Kent and Moses taking two of the top five lots. Moses’ On the Banks of the Hudson reached the third highest price of the sale at $92,500 but still brought in considerably less than its high estimate of $120,000. Rockwell Kent’s Adirondack Farm, Summer sold for $86,5000 (estimate: $25,000–$35,000), the fourth highest sale of the auction.

While the highlights of the auction could have made more money in a more important sale, the quality is there. "Maybe more important collectors need to get used to looking at these mid-season sales," says Force. 

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