Dealer Marc Jancou Sues Sotheby’s, Cady Noland for $26 M.

 Dealer Marc Jancou Sues Sothebys, Cady Noland for $26 M.

"Cowboys Milking" (1990) by Cady Noland.

Marc Jancou, of the gallery by that name on West 24th Street, has sued both Sotheby’s and Cady Noland after the auction house withdrew a work that he had consigned by the artist, Cowboys Milking (1990), from its contemporary day sale this past fall. Another work by the artist, Oozewald (1989), sold for $6.6 million with premium, a new artist’s record, at the Sotheby’s fall evening sale (over a high estimate at $3 million), just one day before Mr. Jancou’s Noland was to have been sold. Mr. Jancou now claims that the auction house owes him $6 million in damages and that Ms. Noland owes him $20 million.

News of the lawsuit broke in the art world newsletter the Baer Faxt, which reported that the sometimes fickle Ms. Noland “apparently disavowed the work,” so Sotheby’s yanked the consignment. The lawsuit’s complaint doesn’t mention this, but says Ms. Noland “tortuously interfered with the consignment agreement by persuading Sotheby’s to breach the agreement.” (Though it is uncommon, some artists, like Richard Prince and Felix Gonzalez-Torres, have also disavowed works, and experts have come to different conclusions about how to address those decisions.)

Mr. Jancou includes his consignment agreement with Sotheby’s as proof of the breach of contract, though that only seems to govern his actions. For auction house behavior, Sotheby’s refers readers to its standard “Conditions of Sale” printed in each catalogue, which says on the matter of withdrawal.

“We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for such withdrawal.”

“We regard the claim as meritless and will vigorously defend it,” Sotheby’s spokeswoman Diana Phillips told Gallerist. Mr. Jancou and Ms. Noland were unavailable for comment.

Comments

  1. […] sale had gone through, Jancou may have stood to gain even more than the $350,000 high estimate: as Gallerist mentioned, another Noland artwork set an artist record at Sotheby’s the night before Jancou’s thwarted […]

  2. […] box… and it’s no surprise Marc Jancou found it and opened it. Read the story here. Tweet       MORE ARTICLES        […]

  3. […] left through, Jancou might have stood to benefit even some-more than a $350,000 high estimate: as Gallerist mentioned, another Noland design set an artist record during Sotheby’s a night before Jancou’s thwarted […]

  4. […] Dan Duray had the news on Friday of the latest big-money lawsuit in the New York art world: dealer Marc […]

  5. […] Dan Duray had a news on Friday of a latest big-money lawsuit in a New York art world: play Marc Jancou is suing Sotheby’s and artist Cady Noland for $26 million. […]

  6. […] more humble home. In mid-January, she signed the deed on a co-op at 14 East 68th Street, which she bought from gallerist Marc Jancou for $2.3 million. input, textarea{} #authorarea{ padding-left: 8px; margin:10px 0; width: […]

  7. […] read further about this story: http://www.galleristny.com/2012/02/dealer-marc-jancou-sues-sothebys-cady-noland-for-26-million/ Tags: auctions, Cady Noland, featured, fine art, headline, Marc Jancou, Sotheby's, […]

  8. […] Duray, Dealer Marc Jancou Sues Sotheby’s, Cady Noland for $26 M., GalleristNY, May 10, […]