Saturday, June 10, 2023

David Zwirner Sued over Jeff Koons Work

London based art dealer, Fabrizio Moretti, is suing David Zwirner for $6 million. Last week, Judge Ostrager partially denied a motion to dismiss, and the lawsuit will move forward.

The dispute arises out of a sale of Jeff Koons’ Gazing Ball. Moretti is claiming that Zwirner violated the New York Arts and Cultural Affairs Law. Moretti purchased edition 2 of 3 in 2014. At the time, the sculptures were not yet complete. When the first in the edition was complete, it was labeled 3 of 3 and sent to auction. A second was completed and labeled 1 of 3 and sent to another buyer. When Moretti filed suit in August, the work was still not delivered. Further, the works that were created were not identical to the “prototype” displayed in David Zwirner Gallery.

The Art Newspaper reported Moretti’s attorney stating: “The idea not only that [a gallery] can deliver the work to you whenever they want, they don’t even have to tell you what work you’re getting, what size it is, or any information that a specific law requires.”

Zwirner calls this a “case of buyers remorse” and that the contract for sale never specified a deadline of delivery.

The case raises important questions of how to deal with editions of proposed works when selling to multiple buyers.


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