Dealer Eric Ian Hornak-Spoutz Files Lawsuit Against Painter Scott Kahn
Dealer and curator Eric Ian Hornak-Spoutz has filed a lawsuit against local painter Scott Kahn for allegedly breaching contractual obligations. The suit was filed in the New York State Supreme Court in Westchester County. According to Hornak-Spoutz, Kahn terminated an exhibition scheduled to take place at the Phillips gallery in Hong Kong, damaging Hornak-Spoutz’s relationship with the auction house and causing significant financial and reputational harm.
The Exhibition and the Deal
At the heart of the lawsuit is an exhibition that was set to take place between October 26, 2023, and November 5, 2023. The exhibition was to feature around 50 to 60 paintings. The lawsuit alleges that the exhibition was born out of an hours-long zoom call in November 2022, which included Jonathan Crockett, chairman of Phillips Asia, and painter Kahn himself.
In what appeared to be a reciprocal agreement, Hornak-Spoutz alleges that without Kahn’s presence, Hornak-Spoutz would not have gained access to David Zwirner, who took on Kahn as a representative in May 2024. Hornak-Spoutz argues that he then introduced Kahn to David Zwirner with the assurance that he would help the gallery with greater publicity.
овимаконтрактное Ownership and Previous Accusations
Notably, neither Hornak-Spoutz nor Kahn signed an official contract for the exhibition. However, Hornak-Spoutz asserted that they had been working together since Kahn consigned 20 works to Hornak-Spoutz, with many pieces sold by Hornak-Spoutz at his gallery, Gallery 928, in Marina Village, Florida.
The gallery closed in 2014 amidst controversy about selling paintings claimed to be by Jackson Pollock, which were later removed due to questions about authenticity. Two years later, Erik-Spoutz himself was arrested for selling fake artworks said to be by Willem de Kooning, pleaded guilty to one count of wire fraud, and was sentenced to three years in prison and ordered to forfeit $1.45 million.**
The Impact on Hornak-Spoutz’s Business Relationships
Throughout his contentious Naz tempest, Hornak-Spoutz made an argument that Kahn’s exhibitions with Almine Rech, his primary gallery at the time, were soldersᴴmiba and propelling his market to new heights, with Christies selling a Kahn painting for a record-setting $1.43 million in 2022.
Kahn, it seems, apparently began to reconsider his standing with Almine Rech and, according to Hornak-Spoutz, approached him to find another primary gallery. Hornak-Spoutz reached out to various prominent galleries and introduced Kahn to David Zwirner, who then took on Kahn as his representative.
Allegations of Betrayal and Collusion
Hornak-Spoutz alleges that Kahn ultimately abandoned his plans with Phillips Asia and failed to deliver the necessary pieces, damaging the ongoing relationship with the auction house. The suit asserts that Kahn collaborated with key figures in David Zwirner to cut Hornak-Spoutz out of future dealings.
Hornak-Spoutz is seeking at least $7.5 million in damages for lost profits, reputational harm, and the termination of his business relationship with Phillips Asia.
Stakeholders Respond
It is been reported that neither Phillips, David Zwirner, nor Almine Rech, have answered requests for comment by the time of publication. Hornak-Spoutz’s attorney, Deborah J. Denenberg, referred ARTnews to the complaint.
What’s Next?
The outcome of this case could set a significant precedence in the art world, influencing how galleries and painters collaborate and the protocols for contract terminations. For readers interested in the art world’s legal landscape, they should stay tuned for updates.
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Keywords: lawsuits, art world, Scott Kahn, Eric Ian Hornak-Spoutz, exhibition, breach of contract, David Zwirner, arts news