Lawyers for Blue Art Limited filed an amended complaint Wednesday night against David Zwirner and his gallery, which Fabrizio Moretti says failed to deliver a work of art he bought for $2m. The new complaint comes after Zwirner’s motion to dismiss named the previously anonymous purchaser and called the lawsuit “a case of buyer’s remorse”. In response, Moretti’s recent court filings reveal the work at the heart of the case—Jeff Koons’ Gazing Ball (Centaur and Lapith Maiden) (2013), from the gallery’s show that year. And while he previously asked for the original purchase price for the work plus fees, Moretti’s updated suit seeks $6m in total damages.
In the new filing, Moretti’s lawyers say Zwirner and the gallery played “a kind of ‘three card monte’ in which the numbered casts of the sculpture”—an edition of three, plus an artist’s proof—“were distributed to their buyers willy-nilly”.
On 24 June 2014, according to the complaint, Moretti made a purchase agreement and soon put down a deposit of $400,000 on edition 2 of 3, his lawyers say. By early 2015, the gallery told Moretti that the sculpture was nearly complete and the collector started paying off what he owed. In April 2015, the work was ready but instead of being delivered to Moretti, it was labelled as edition 3 of 3 and taken to the Contemporary Art Evening Auction at Sotheby’s in May, where it carried an estimate of $1.5m to $2.5m—and failed to sell.
On 29 June 2015, the court papers say, Moretti paid the final $200,000 he owed and around that time, another sculpture was completed. This one, however, was labelled edition 1 of 3 and went to another buyer, who still owed the gallery $1.6m. Moretti, faced with a bad art market and a sculpture from a series that had now been unsold at auction, says he still had not received his piece by the time he filed his lawsuit on 4 August this year.
Further complicating matters is the fact that the editions that were made are not the same as the one shown at the Gazing Ball show at David Zwirner Gallery in May 2013, the complaint says. That is now classified as a “prototype” and the dimensions of the sculpture ready for collection by Moretti are different from the object he purchased, the collector says.
Moretti’s amended suit alleges that Zwirner’s dealings violate the New York Arts and Cultural Affairs Law, updated in 1991 to “augment the laws protecting art purchasers from the slippery practices of some art dealers”, according to the court papers, and to outline the information that must be provided to the buyer of a sculpture. Moretti is seeking additional damages because Zwirner violated the law in the vagueness of the purchase agreement and in the editioning, the court documents state. The complaint also accuses the dealer and gallery of breach of contract and fraud, among other charges.