EN | 中文

Attorney Richard Lerner obtains an affirmance by New York’s Appellate Division, First Department of a Supreme Court decision

In a resounding win that protects artists, Mazzola Lindstrom LLP and lead appellate attorney Richard Lerner with Wendy Lindstrom and Ruofei Xiang on the brief) obtained an affirmance by New York’s Appellate Division, First Department, of a Supreme Court decision that declared that the Marianne Boesky Gallery’s claim to an equity ownership interest in a sculpture by artist Diana Al-Hadid was without basis, notwithstanding the gallery’s claim to two-thirds of the proceeds of the ultimate sale by virtue of its commission agreement and its investment in the fabrication of the work. The Marianne Boesky Gallery was not only found to not be entitled to any ownership interest in the sculpture, but was not entitled to recoup any of the investment for the fabrication of the work, because the work was not actually sold during the consignment period. The court also upheld the finding that Al-Hadid is entitled to recover her attorneys’ fees from the gallery. See Art Works Inc. v. Diana Al-Hadid.