Missing Certificate of Authenticity

The Courthouse News Service is reporting the owner of a Sol LeWitt wall drawing and certificate of authenticity is suing a gallery for losing  the certificate supposed signed by the late artist.  The suit states the gallery signed a consignment agreement making it liable for loss and damages.  The claim is the artwork is now devalued and would be more difficult to sell without the accompanying certificate.  The lawsuit is seeking $350,000 in damages.

The Courthouse News Service reports

Steinkamp, of Puerto Rico, said that he consigned his certificate for LeWitt's "Wall Drawing #448" to the Rhona Hoffman Gallery on March 31, 2008.
     According to his complaint, each certificate states, "This certification is the signature for the wall drawing and must accompany the wall drawing if it is sold or otherwise transferred."
     Steinkamp claims the Hoffman Gallery signed a consignment agreement making it liable for all loss, damage or deterioration, before reporting in early 2011 that the certificate was "lost and irretrievable."
     Steinkamp says he wrote to the gallery in January this year, urging it to "bring closure" to the "missing certificate issue," only to be told that its insurer would not cover the "mysterious disappearance" of the certificate.
     According to the complaint, gallery owner Rhona Hoffman added, "'I would have to make a police claim but in order to do that I would have to lie about the timing and I don't like doing that. It has been too long to call the cops but we are checking.'"
     The complaint continues: "Admitting her fault and legal responsibility, defendant Hoffman requested from plaintiff the 'smallest amount' he 'would accept,' acknowledging that 'if worse comes to worse' she 'will have to pay' plaintiff 'cash.'"
     Steinkamp says: "The original certificate, issued and signed by the artist who is now deceased, is a unique and irreplaceable document that cannot be generated anew or replaced. There is no substitute for the original certificate entrusted to the care, custody, and control of the defendants.
     "The original certificate is required for the sale of the wall drawing."
     Steinkamp seeks at least $350,000 for breach of contract, breach of bailment, negligence and conversion.

Source: The Courthouse News Service