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Collector Sues Sotheby’s to Block Basquiat Auction, Exposing Ugly Family Dispute
“This is a case about a broken promise, a family disagreement, and an art masterpiece that, if this Court does not step in now to save it, will be lost to the people who love it, and to New York, forever.”
This is not the opening voice-over for a Netflix drama. It is, rather, the first sentence in a lawsuit filed on Thursday in State Supreme Court in Manhattan against the auction giant Sotheby’s by Hubert Neumann, a New York art collector whose family famously owns, and closely guards, one of the most staggering private collections of 20th-century art in the United States.
The art masterpiece in question — “Flesh and Spirit,” a 12-by-12-foot painting by Jean-Michel Basquiat — is just days away from the auction block. It is a prized asset of the estate of Mr. Neumann’s wife, Dolores Ormandy Neumann, who died in September 2016, and its potential sale shines a spotlight on what appears to be a nasty family dispute.
Shortly before her death, Ms. Neumann executed a will that fully disinherited her husband of 62 years and gave their middle child, Belinda, the vast majority of Ms. Neumann’s property while appointing her the preliminary executor of her mother’s estate, according to Mr. Neumann’s lawsuit. The couple’s other daughters, Melissa and Kristina, were left with only modest shares, the suit states.
The will, which is being disputed in court, was executed while Dolores was receiving serious medical treatment, was the product of undue influence and is therefore invalid, according to Mr. Neumann’s lawsuit.
But that’s not Sotheby’s problem. What is its problem is Mr. Neumann’s charge that Sotheby’s “botched” the marketing of the Basquiat, which is to be auctioned on May 16, violating an agreement he said he made with the auction house that is in effect through April 2019.
In the agreement, according to the lawsuit, Sotheby’s promised Mr. Neumann, 86, that it would seek his approval on “all matters relating to cataloging, placement, and exhibiting each and every work consigned.” He said the promise was broken “in spectacular fashion, and with lasting consequences.”
Instead, according to the lawsuit, Sotheby’s was “shamelessly willing to capitalize on a difficult family situation” and entered into an agreement with Belinda to sell the painting.
Melissa and Kristina Neumann signed affidavits supporting their father’s lawsuit.
Attempts to reach Belinda Neumann on Thursday by phone and email were unsuccessful.
“This eleventh-hour claim is entirely without merit,” Sotheby’s said in a statement. “We are confident that the ‘agreement’ Mr. Neumann relies on does not exist, and the court will find in our favor and the auction will proceed as scheduled.”
Mr. Neumann is also claiming that the $30 million estimate that the auction house put on the painting is “far too low,” given that almost exactly a year ago, Sotheby’s sold “Untitled,” a 1982 painting of a skull by Basquiat, for over $110 million. That sale set the record for a work by any American artist, for a work by an African-American artist and as the first work created since 1980 to make over $100 million.
“Flesh and Spirit,” which received a several-page spread in the Sotheby’s catalog and is on its cover, is lot 24, the same as last year’s Basquiat.
Mr. Neumann said that the auction house failed to highlight or mention the work’s many unique characteristics, like its “hinged construction,” “multi-panel composition” and “deep art-historical significance.”
He is asking for a “temporary restraining order and/or preliminary injunction against the impending auction and sale of ‘Flesh and Spirit’ by Sotheby’s.”
In his suit, filed by Andrew G. Celli Jr. of the firm Emery, Celli, Brinckerhoff & Abady, Mr. Neumann does not claim that he owns the work of art, but that “New York law forbids the disinheriting of a surviving spouse” and that he has a “statutory right to one-third of his wife’s estate.”
Mr. Neumann has made clear in the past that many parties covet the pieces in his family’s collection, which includes works by Pablo Picasso, Andy Warhol and Roy Lichtenstein.
A 1997 profile of Mr. Neumann in The New York Times referred to him as “a hunted and haunted man” who believes that “every museum director in the United States is awaiting the day when he is comfortably ensconced not at their dinner tables but in a coffin, and his prized art collection is finally passed on to someone new, preferably them.”
“Museum people are always looking at me as if I’m already dead,” Mr. Neumann said at the time. “They just can’t wait for me to die. ‘How’s your health?’ they want to know.”
An earlier version of this article misstated the title of a Jean-Michel Basquiat painting that sold for over $110 million. It is “Untitled,” not “Skull.”
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Up for Bids
Photographs. Unforgettable outfits. Whole estates. Here’s a look at some of the most talked-about auctions of memorabilia.
Pattie Boyd: The model auctioned the handwritten messages she received from the rock guitarist Eric Clapton, which shed light on how he wooed her away from George Harrison.
Neil Gaiman: The author decided to auction more than 100 collectibles and donate some of the proceeds to charity. In an interview, Gaiman pointed to some highlights.
‘The Crown’: In February, the auction house Bonhams offered hundreds of costumes and props from the show about the British royal family. These were some of the key lots.
Elton John: The superstar’s former residence in Atlanta has been emptied for a series of auctions. The collection has it all: art, dinnerware and flamboyant costumes.
‘Succession’: Bidding on memorabilia from the popular HBO drama at an auction house in Dallas drew over $600,000 in sales.
Prince: The market for the singer’s wardrobe and other items has been robust since his death. In November, more than 200 pieces became available for bids.
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