3/19/2009

Nuns Sue Appraiser and Art Dealer

Fellow appraiser Kathi Jablonsky sent me an online article from the antique trade publication Antiques and the Arts about a New York appraiser, catholic nuns and a Santa Fe art dealer. The nuns are claiming the art appraiser deliberately appraised the painting "Notre Dame des Anges," an 1889 work by Bouguereau with a low value and later arranged a sale for purcase by a Santa Fe gallery.

The article states In a complaint filed in the New York Supreme Court in August 2008, the nuns, represented by New York City attorney Bruce Goldstone, claimed that LaSalle and Zaplin "intentionally, deliberately, wantonly, maliciously (and) with evil motive ... perpetrated fraud" against the congregation. Zaplin purchased the genre painting from the Daughters of Mary in 2006, paying them $450,000. He later sold it to a Dallas, Texas, art dealer, Brian Roughton for about $2.5 million. Zaplin denies any conspiracy to defraud the nuns, countering that they are merely experiencing seller's remorse. Goldstone argues, however, that LaSalle's "lowball" appraisal, in concert with Zaplin's "straw purchase" constitutes seven legal "sins," including negligent misrepresentation, breach of contract, express or implied warranty, fraud, breach of fiduciary duty, deceptive business practices and violation of the penal law regarding stealing property. The requested wages for those sins, or in legalese "causes of action," amount to $1.75 million, plus $50 million in punitive damages.

The Art and Antiques article is an interesting read for all appraisers. Click HERE to read.


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