The Art Newspaper

US marshals seize works from Gmurzynska’s stand

Four paintings, with an estimated value of more than $6m, were seized

By Georgina Adam. From Art Basel Miami Beach daily edition
Published online: 03 December 2009

Dealers and employees at Art Basel Miami Beach were astonished yesterday to see the arrival of US marshals on the Gmurzynska stand (B20) before the fair opened. At around 10.30am, the marshals arrived, accompanied by art dealer and former corporate raider Asher Edelman. Four paintings, with an estimated value of more than $6m, were seized: a Degas Jockeys, a Miró abstract from the 1920s, a Léger and an Yves Klein.

The story behind this dramatic move is a lawsuit that opposes Edelman Arts Inc “as assignee for XL Speciality Insurance Company” and Gmurzynska gallery. In his original complaint, according to court documents, Edelman accused Gmurzynska of damaging a Ryman painting, Courier I, 1985, which was on consignment from Edelman Arts Inc to Gmurzynska. He claimed $750,000 in damages. He said that the seizure resulted from a judgement “entered by the New York courts in the matter of insurance misinformation”. The court made a default judgement of more than $767,400 to be paid by the gallery to Edelman.

However, according to Peter R. Stern, the lawyer for Gmurzynska gallery: “This is a default judgement, because the gallery inadvertently failed to answer the complaint, and is not made on the merits of the case. The underlying dispute is simply with regard to the allegedly damaged painting.” The Art Newspaper understands that the misunderstanding stems from the fact that the gallery believed its insurance company was looking after the problem.

Edelman was present while the works were impounded, and said: “I assisted the marshals in valuing the works [that were taken].” He declined to comment further.

Edelman’s art gallery, Edelman Arts, is currently exhibiting at Art Miami; he is hosting a talk on art as an investment at the fair today.