Judge Throws Out Closely Watched Lawsuit Against the Agnes Martin Authentication Committee

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From ArtNet News:

In what is being heralded as a victory for scholars, a New York State Supreme Court judge has dismissed London dealer James Mayor’s claims against Pace Gallery president Arne Glimcher and the Agnes Martin catalogue raisonné committee for excluding 13 works from the artist’s catalogue raisonné, a decision he says cost him $7.2 million. In an unusual step, the judge also awarded the gallery and committee members the full cost of their legal fees, an amount in the hundreds of thousands of dollars for which Mayor Gallery is now liable.

Mel Leventhal, the attorney for Mayor Gallery, told artnet News via email: “We of course respectfully disagree with this opinion and judgment which prevents a full hearing on the issues and claims. There are a number of options available to the Mayor Gallery and we are still confident that ultimately our claims will receive a full hearing and be upheld.”

The case has been monitored with keen interest by those in the art trade. In recent years, artist foundations have become increasingly wary of offering opinions regarding a work’s authenticity for fear of being sued. Although such cases are almost always decided in favor of the scholar or foundation, the cost of defending them has led many foundations—including those of Andy Warhol, Jean-Michel Basquiat, and Keith Haring—to disband their authentication committees entirely.

When Mayor Gallery filed its lawsuit in 2016, many saw it as a sign that catalogues raisonnés—a scholarly publication that compiles all the known works by an artist—would become the next battleground for collectors unhappy with current authentication practices and experts’ opinions on the authenticity of their works.

Link to the rest at Artnet News