Rising Star Derek Fordjour Is Asking a Judge to Toss Out a Lawsuit From an Ex-Dealer, Claiming He Is Resentful of the Artist’s Success
Buzzed-about artist Derek Fordjour is punching back against a
dealer who slapped the painter with a lawsuit
alleging he failed to hold up his end of a $20,000 bargain.
Last month, Lower East Side gallerist Robert Blumenthal claimed
in New York State Supreme Court that the artist reneged on a deal
made in 2014 to deliver 20 paintings for a total of $20,000,
delivering only 13 of the promised works.
According to an email Fordjour sent to Blumenthal in 2014, at
the time the disputed agreement was made, the artist
wrote: “As discussed, for the sum of 20k I commit 20 works, 15
paintings (oil and or acrylic on panel) and 5 works on paper.”
In court papers filed on March 18, Fordjour and his attorneys
are asking that the lawsuit, along with its claims of breach of
contract, unjust enrichment, and a request for injunctive relief,
all be dismissed.
But the response takes things even further, with Fordjour
demanding that all the works he gave to Blumenthal now be
returned. And by the artist’s count, that totals 15 works, not
the 13 Blumenthal claims to have received.
In their argument, Fordjour’s lawyers claim the works were part
of a “consignment agreement that Fordjour has since
terminated.”
As a result, “effective immediately, [Fordjour] demands that the
gallery return the works delivered under the agreement and remit
any proceeds from sales of the works,” according to the court
documents.
Fordjour is also demanding that Blumenthal return three
additional works in his possession that he says were not subject to
their agreement, or otherwise remit the proceeds of any sales
of those works, “along with a detailed account.”
According to the filing, if Blumenthal refuses to comply, the
artist will file a complaint for breach of contract, among other
claims.
No one disputes that, in 2014, Fordjour’s prices were just a
fraction of what they are now, with works selling for around $1,000
to $2,000 each. His work is now in high demand: he created a
mural for the Whitney Museum in 2018, and his collectors include
Drake, Beyonce, and Jay Z, and his current auction record
stands at $169,293, set in October 2019 at Phillips London,
for Green Horn (2017).
In their papers, the artist’s lawyers acknowledge that, “like
most successful artists, Fordjour received much support along the
way.” They say the artist is “incredibly grateful for the support
he has received, and he knows he wouldn’t have gotten to where he
is without it.”
But they go on to claim that “success often breeds resentment,
and there is usually someone who believes they have received less
credit than they deserve. In this case, that someone is Robert
Blumenthal.”
Things are clearly heating up. Asked for comment, Blumenthal’s
attorney, Mark Seidenfeld, said the motion was “a classic
demonstration of how Fordjour and his attorneys are attempting to
abuse the court system to cheat their way to their goals.”
“The motion is a piece of creative writing based upon fantasy;
it ignores the facts, the intention of the parties, and the
subsequent action of the parties,” he added. “What saddens our
client most is that he was a champion for Derek Fordjour, and his
commitment to the artist is now returned with deceit and
untruths.”
The post Rising Star Derek Fordjour Is Asking a Judge to
Toss Out a Lawsuit From an Ex-Dealer, Claiming He Is Resentful of
the Artist’s Success appeared first on artnet News.
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