IFILED: NEW YORK COUNTY CLERK 02/01/20121

NYSCEF DOC. NO.1

INDEX NO. 650316/2012 RECEIVED NYSCEF: 02/01/2012

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF New York
MARC JANCOU FINE ART LTD., doing business as MARC JANCOU CONTEMPORARY

Index No.

Plaintiff(s),

-againstSOTHEBY'S, INC. and CADY NOLAND,

~ummnns:

Date Index No. Purchased: Defendant(s). To the above named Defendant(s)
SOTHEBY'S, INC. 1334 York Avenue New York, NY 10021

You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is Plaintiffs which is 524 West 24th Street, New York Dated:
New York, NY February 1,2012 place of business is in New York.

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Attorneys for Plaintiff
HANLY CONROY BIERSTEIN SHERIDAN FISHER & HAYES LLP 112 Madison Ave., 7th floor New York, New York 10016 Phone: (212) 784-6400

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF New York
MARC JANCOU FINE ART LTD., doing business as MARC JANCOU CONTEMPORARY

Index No.

Plaintiff(s),

-againstSOTHEBY'S, INC. and CADY NOLAND,

fo umnmns
Date Index No. Purchased:

_____________________________ ~~!~~~~~!5~2:J
To the above named Defendant(s)
CADY NOLAND, New York, NY

You are hereby summoned to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue is Plaintiffs which is 524 West 24th Street, New York Dated:
New York, NY February 1, 2012 place of business is in New York.

Paul J. H

Iy, Jr.

Attorneys for Plaintiff
HANLY CONROY BIERSTEIN SHERIDAN FISHER & HAYES LLP 112 Madison Ave., 7th floor New York, New York 10016 Phone: (212) 784-6400

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

MARC JANCOU FINE ART LTD., doing business as MARC JANCOU CONTEMPORARY, Index. No. Plaintiff, COMPLAINT -againstSOTHEBY'S, INC. and CADY NOLAND,

Defendants.

Plaintiff, by its attorneys, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, for its Complaint herein alleges as follows: NATURE OF THE ACTION 1. This is an action for breach of contract and for tortious interference with

contractual relations. Plaintiff is a dealer in contemporary art. Defendant Sotheby's, Inc. is an auction house with which Plaintiff had a consignment agreement for the sale of an item of artwork. Defendant Cady Noland is a contemporary artist who interfered with the consignment agreement and caused Sotheby's to breach it. Plaintiff sues for money damages arising from this unlawful conduct. PARTIES 2. Plaintiff Marc Jancou Fine Art Ltd. ("Jancou"), doing business as Marc Jancou

Contemporary, is a corporation organized and existing under the laws ofthe State of New York with its principal place ofbusiness 3. in New York, New York. is, on information and belief, a

Defendant Sotheby's, Inc. ("Sotheby's")

corporation organized and existing under the laws of the State of New York with its principal place ofbusiness 4. York. ALLEGATIONS FORMING THE BASIS OF PLAINTIFF'S 5. CLAIMS in New York, New York.

Defendant Cady Noland ("Noland") is an individual residing in New York, New

Jancou is a dealer in contemporary art. On or about September 9, 2011, Jancou

entered into a consignment agreement with Sotheby's for the sale at auction by Sotheby's of a work of art owned by Jancou and another which had been created by Noland, a well-known contemporary artist, and entitled "Cowboys Milking." A copy of the consignment agreement is Exhibit A hereto. 6. Pursuant to the terms of the consignment agreement, Sotheby's had the

obligation to place the work up for sale at auction, and could fail to do so only in the event that there was in Sotheby's sole judgment (a) doubt as to the authenticity or attribution ofthe work; (b) doubt as to the accuracy of any ofJancou's terms of the consignment agreement. 7. In or around November 2011, Noland tortiously interfered with the consignment warranties; or (c) if Jancou breached any of the

agreement by persuading Sotheby's to breach the agreement by refusing to put the work up for auction, despite there being no basis under the agreement to do so, including none of the circumstances set forth in paragraph 6, above. Acting in response to the actions of Noland, Sotheby's informed Jancou that it was withdrawing the work from the auction. No lawful reason under the contract or otherwise justified Sotheby's unilateral decision. 8. Sotheby's estimated that "Cowboys Milking" would sell for between $250,000

and $350,000 at auction. However, at the very same auction numerous other works by Noland

2

sold for many times the high estimate. FIRST CAUSE OF ACTION 9. herein. 10. 11. 12. A valid contract existed between Jancou and Sotheby's. Jancou performed all of its obligations under the contract. Sotheby's performed none of its obligations under the contract and instead Plaintiff repeats and realleges paragraphs 1 through 8 hereofas if fully set forth

breached the contract and all of its obligations thereunder. 13. As a consequence of Sot heby's breach Jancou has been damaged in an amount to

be proved at trial, but in no event less than $6 Million. SECOND CAUSE OF ACTION 14. herein. 15. 16. 17. A valid contract existed between Jancou and Sotheby's. Noland was aware of the contract between Jancou and Sotheby's. Noland intentionally procured Sotheby's breach of the contract between Plaintiff repeats and realleges paragraphs 1 through 8 hereofas if fully set forth

Sotheby's and Jancou without justification. 18. 19. Sotheby's breached the contract between it and Jancou. Jancou has been actually damaged in an amount to be proved at trial, but in no

event less than $6 Million. 20. Jancou is also entitled to punitive damages against Noland for her conduct in an

amount to be proved at trial, but in no event less than $20 Million. WHEREFORE, plaintiff demands judgment against defendants as follows:

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1.

On the First Cause of Action, awarding actual damages against Sotheby's in an amount to be proved at trial, but in no event less than $6 Million;

2.

On the Second Cause of Action, awarding actual damages against Noland in an amount to be proved at trial, but in no event less than $6 Million;

3.

On the Second Cause of Action, awarding punitive damages against Noland in an amount to be proved at trial, but in no event less than $20 Million;

4. 5.

Awarding costs and attorneys' fees; and For such other and further relief as to the Court may seem just and proper.

Dated: New York, New York February 1,2012

HANLY CONROY BIERSTEIN SHER FISHER & HAYES

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LLP

Pa I J. Hanly, Jr. phanly@hanlyconroy.com 112 Madison Ave., 7th floor New York, New York 10016 Phone: (212) 784-6400 Attorneys for Plaintiff

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Exhibit A

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C·ONS1GNMENT AGREEMENT
Marc Jancou Contemporary Mr Marc Janeou 524 W. 24th Street N~w York NY 10011-1103
Client Account Number~ 6505953

ConsignmentNumber: ~141623 Date: 09-Sep-20 11
Principal Auctioneer: Tobias Meyer

License No. 0958677

Toonk you for collSigningproperty 10 Sotheby's. This agreement confJrms your 800 our agraement under which.the property listed on the attached Property Scbedule j·PropenynJ witl be offered for sale at 8uction~ subject to the following terms and our standard Conditions of Sals.and Terms of Guarantee to be printed in the catalogue for the sale, by which you he.reiliy agreeto be bound. 1. Seiling Comrhlssfon. For this ccnsignment of Property, you will pay us a salling commission on eacil lot as set forth befow, except for those items of Property which have specific terms noted on tha attaChed Pr opcrty Schedule: All Lots

04HI of the hammer price

Each item of Property is subj~ct to a minimum commission of 0.00 USD for each sCJIdrat. For any lot of Property which fails to sell at tne auctiOn,. Y(lU wiD be charged a bought·in c:ommfssJon of 0.00 USD on each unsoid lor. 2. Fees anti Ex~enses. You agree to pay the following:

Ca}a fee of O~OO" of the Value of the Property for maintaining insuranca on the Property for liabllity against loss or damage (as provided in ·paragraph 8 beIDw}, except fur those items 01 Property which have specific terms !loted ·on the·attached Propeny Schedule; -{b-) elir N"eillf'll fees theft iI'I effeet fer eattdeQtie iIIY511'atlel'l) Retelil eft the iMita~tMJ PFQPIH'W S~edulc; ""..... ,. Cel the Belt.at l!laeltif'ln. sft~i,. lAS etlst:erM e1tttieeto OtJfl'u'Miaos; 'd~ tbQ ~gs:t ot arty agj;8uQ IoIPQA a'iil'J8r;t!siA9; . : !~ i :v;~ {at 1119 QQR c;rta~... Rlp~ductioR R9~ts; and • -Ut t~e 986t Elt 9tRsF .aP.'!QIiI8,'61,U:ha6 AlliiASb lOatoratio.:! Br::Idgemo"'gical testt" approved by y.mr 3. Auct1Q!]. In cOnnection with anv 8Uc:tion we wiJl hav& absolute discretion asto Ca}consulting any I))(pert ~ther before or ~r the SElie, (bl rusearcl1ing· the prcivenanco of the Property either before or after the sale. ~cl.grotJping·th8 Property into lots and· providing catarCgU8 and other clescriptiotlS as we believe e.ppropriate,(d) the eate or dat9& of an auction. (e) 1he marketing and promotion of the sale and (f) the manner of conducting the sale.
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4. Buyer'~ Premium. You authorize us to charge the buyer and retain for our account a commission on each IDt sold {the "buyet"s premium-, •.The ConditiDllS of Sale in the catalogue for the aueuen will state the rate at which flu, buyer'$ premium win be assessed against the buyerl and stich rata will be a percentage of tho hammer price of each .lot sold. We reserve the .right. without further notice to you, to payout of our commissions a foe to any third party introdlHlinp property or cllen~ to us,· .• 5. Settifement. On the Settlement Drrt:e(sl [as defined below). we will mail to you the sale . proceeds we .coIlect· and receive, after deducting our $filling commission. buyer's premi\lm and relmbUt'sable -, expenses (the "net sale proceeds"). unless the purchaser has notified us of intention to rescind the sal., lila provided in paragraph 1 We may also deduct and ratain from the net sale proceeds any other amount you Dwe us or any gf our affilIated entities, whBfhBr arising out of tho sale of the Property or otherwIse. In addition to oilier remedies

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MIre Jancou ContemPorary Mr Marc JShCOU 524 W. 24th Street New York NY 10011-1103

Client Account

Number:

5505953

Consignment Number: Date; PrinCipal Auctioneer:

40141623, 09..sep-20~ 1 Tobias M8Iter
Ucanse No. 0968617

the preceding sentence. if we pay you all or part of the. net safe proceeds for any from the pUrchaser of $uch Property payment of the amount we paid to you; simultaneously wjth~and to the elCtentof. any ~O!\ payment by us"to you, you assign 10 us any and all rights you may have against such purchaser. whether at Jaw, in eQuity or ~nder th,!' Conditions of SaIG. You agree to execute any documents we may reasonablv request evidencing this assIgnment, and 'S'Ouagree that all of your representations. wartanties and fndempities set ,forth in this Agreement shall ~pplr to US or th8 purchaser, as the case may be. with rospuct to such item. You authorize us, in'our discretion. to'impose on any·purchaser and retain for our aOOQunte late margo if payment is not made in Benardanee with tha Conditions of Sll~ Notwithstanding
lot of the Property .nd have not coll.cted

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available,to us by Jaw1 we reserve the right to impose a late ch1l"ge'of 1.5% per month on any amDuntdue us or any of our affiliated entities and remaining ,unpaid for more than fifteen days after we notify vou. H all of the Property J.s sold in the same auction, tna "Settlement Date- wHI be the date that is tl Jirty-five days atier the last aesslon of the auction. If the Property is to be sold in more than one auction. then the 'Settlement Oates" will be the dates that !ire thlrty·flve days after the last session of eaCh auction. We havena obligation to snforC8 payment by any purchaser. If oil purchaseit' does not pay, end you and we do not agree on another eeurse of action. we reserve the right to cancel the sale and return the Propenv to

6. RelSltfVeS. Unlesa II different reserve bas been agreed upon by you and us end confirmed in wrIting beforlJ thu auction. "the reserve fur Mch Jo1 01 the Property will be (a) the reserve specifically noted on the Property SOheduh,. Cb)it no rssarve 1& notatl an the Property Schedule, 1301)6 ·our t~ of announced or published low p(e-sale e,stimate. However, we mev It,,11 any lot of the PIllParty at a price below the reserve, provided that we pay you in accordance wtth paragraph 5 above the net amount which' you would have been .entitled to receive had such lot of the PropenV been $QId at ttie reserv& (1h:at ~. the reserve less our nlling cOmmi~lon. reimbursable expenses and any amount you owe us Of any -of our affiliated ~ntities)_ No reserve for a 'lot will exceed its low

or

pre.sBle ~.stimate.
the

amount of

reserve, you :shell not instruct or pennrt anv other person to bid for the Property on your behalf. H. however, you "iolate vour foregoing commlimenf and you or your sg.nt became the SlJe~8etul bidder on the Property. you will pay ua the seiling commission as S&t forttt in paragntph 1 and the tiuyar's premium on the hammer

You agree not to'bJd on the Property. ArthDUgh'W8 shaD be entitled to bid on your behalf up to the

under the Conditions

prj~. tbe Property may bo sold without !Ir1Y reserv'e, and you will not be lII1titllld to the benefit of anv wananties of Sale or Terms gf Guar..anteo. In the avant any lot is bought-In. we will make an announc8lTl~t that auch lot has been "passed", "retumed to owner". nwhhdrawn'" or "boughNn" •

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and encumbrances; that you have provided us wtth anv information you have concerning the proveoance Of the Property; that you have ne TBason to boliove that eoy lot of Property i8 not authamtc or is counterfeit: lhBt where the Property has basn imparted Into the ,United S1Dta5. the Prop·arty has been law1Ylly Imported Into the United States and has been lawfully end permanentfy exported as reqLllrad by the laws of any country (including any laws or regulations ~pplicabla in tha EUfOpaan Union) in which it was IDeated; that required declara1;ions Ujlon the export aild import of the Prop!H1y have blMlll ·propedy made end any dt.rtie3 and taxes on th'" export and Import of the Propertv have been paicli that YOU'hBIIS 'paid or wiU pay any,an,rf alJ tBXSS andJot duties th~ may be clUe on the net sale J)rocead6 of tho Property and yCiu,havo notified \la in writing .of any end aU taxes and/of duties that are payable b'f U8on your behalf in any country other than 1he Unftad SurtflSj and that there are no ",strictionll on our right to

7. Represerrtatfol1$ and Warranties; Indemnity, You tepresent lind warrant to us and eaoh pur:chaser that you have the right tD aonsrgn the Property tor sale; that h'js now. amf'1hrough and inCluding iu saie wilf be kept, fre& of liens; cfaims.and lBOaumbrancea of other:s includrng. btrt not limited 10.. clatms of governments or governmental'agenciesi 'thet good title and ,right to possession will pass to purchaser of sllliens, claims

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Marc JanODU contamporary

Mr Marc Janoou
524 W. 24th

New York NY' 1oon·1103

Street

CtiWit Aoooullt Number: Consignment Number: Date:
PrincIpal Auction~r:

6506953 40141823 oe·Sep-2011
Tobras·Moyer

Ucense No. 0958677

repr:oduce

photographs of it. We: retain the elCclusive copyright to all catalogue descri~tions of the Property created by Wi.

and other ilustnrtlons.

and

You agree to Indemnify and hold us aoo each purchaser harmless from and against any and all claims. actlonsi damages, losses. liabilities and expense~ (including reasonable attorneys· fees. relating 10 the breach or alleged breach Qf any of your agreements. represcntetioN or W'alTlR)ties in thl' Agreement. Your representations. W8tranties and IndemnitY wAI survive completion of the 1raflsactions contemplated by this Agrearnent. .

8. L.oas or Damage to Property. We, will pay you thB Value elf the Prop.8tty (a&defined below) Or the ~preclaticn Amount (as defined heto~l. as the 'case may be, in thB event of lass or damage .. Bet forth bl!llDW, from the time .of. our receipt of ·such Proper.ty. and whlre the P'l?Perty is In OlIr custody and control. Tho maximum amount of our liability to you resulting from IQSS or damags to the" Property" ahall not excelJd the Value of such Property {as defined below}. For purp'oses of this limitatiDn of liability, the Value of the Property is: (tJ;) for Propertv which has been solct the hammer prioe {excl~dinD buyar's premiumtt (b) for Property wI'Iicn has :ailed to seU at auction. the r8S9fV8. or tc. for Property not yat offered for sille, the mean of our latest presale estimates. In the event of a totar los8 (Propertv which has bean lost. or PropertY whim hi •. bsen d8ITIll9od end has depreciated in
.... aluo, in thEa opintanof our insurer. by !Tiore tl1an 50.%J. we win pay 'VOU.U1D Value of such Property. le3s,ip.any cas"

me scuing commission anti expanses payable.by you umler thi$ Agreement,. and simultan~usly with &UCh payment, 811 title and internt to the .Property $hatl pass to' U$, IIIthe ev"",t of D partial 108s (Property which has bflen partially damigDtl or lost and has depreciated in value, in the opinion of our insurer. by Jess than 50%). we win pay you the amount of deprecration, n determined bV our insurer (ttJe, "OtipreciHtion Amount"" and such Prop8rtv will be offered for sale or. at y~r request, returned to you. Netther we nor our irasurer wm be responsibie for Property that is not within our 'custody and control or nabls for -damage N frames Dr glas. covering print$. palntln9$ or other works, for damage occurring in the cour$e of any proCNS Undertaken bV independent contractors employed with YDur comant (includin~ rD8toration, framing -or clearnngl, or for damage caused by changes in humidity or temperswr., fnherent conditions or defects, normal wear and tear, war, acts of terrorism. nuclear fission or rudioaotive contaminaticn. or chemical, bio-chernical or ~ectroma.gn9tlc weapons. We maintain inaunmce for loss or dama;B tQ all property 1hat is in our custody and oontrol. As a ", .. , result of the inSI.lranG8 custs ihat we incur for maintain~ inauranco on the Property. we will cf1arge you 8 fee in the '' i amount or.#6% of the Value of the Property. If at the time you dalivGr the property to Sotheby·s. you proYida ua ·IX with iii certificate of insurance with '8 walvar of subrogation. in form accaptabla to us, you will not tle charged this '1 fee, and we shaH -halt~ 1'10 obrrgatlon or fllSpdllsi'bilitv to pay YOll the Value of the Property or the OeprclC~i8tiDn Amooot.
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9. Withdl'@.Wil~You may,not withdraw any Property from sale after the.date on whiab we issw: . a receipt or you sign this Agreement. whichever Is urtier. Regardless of whoUler we havlil previously Issuod iI recel¢. published 8 cataJo~e including the Property or advertised its sa~, we may withdraw any Property It any "time bcrfore sale if in our$ole judgment tal there Is doubt (1$ to its authIInticity or attribution, (b} 1here is doubt 81$ to the' iiCQU(ClCY of any of your represcrm:tions or warranrlN, Dr {cJ you haYe breached any provision of this Ag rePJm8llt. If we withdJaw"any Property under lbl or eeJ of 1I't is paregraph 9, you must within ten days of 0 ur notlce to 'IOU of withdrawal pay UI$a withdrawat fee equal to 20% af the mean of our latest pre~nl. estlmBtea for the withdrawn Property, as well OIB all out-at-pocket &Xp6l1sBS·lncurrad by us up to and includIng the date Dr withdrawal (tho "Wilhdl'llwoJ Fee·). If any Pr.oparty is wittldrawn by you in breach of this Agraement, you wm pay us B Withdrawal Fea as well 81 any aperual, incidental or conseql,18ntial damages incuned i!5 I!l result of your brBach. ootwUhstanding anytlU,ng tD the controry in this Agreomont. If any P.ropany is withclrawn under raJ above. you win not be oharged a WIthdrawal Fee gnd. lubjeGt to eny 1181lS cl~mlt to the Property, such Praperty will bit returned or to YOU at your expense.

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Marc Jancou Contempo.-y
Mr Marc Jangou

Clien~Account NlJmber:

6505953

Consignmollt NUmber:
Principal Auctlc".,.,r.

401·41623
Tobtas Meyer

524 W. 24th Straa1:
New York

NY

D9tI!t~ 09-Sap-2011

10011-111>3

license No. 09586n

-10. ResclpjCHl, You· authorize us to rasclnd the sala of any Property in accordance with tile Conditions of Sal& and TemlS of Guaramee,. or-If we lum that the Property ts Inaccuratelv described in the catalogue. or if we Je.amthat the·Proparty i$-. courrtarfeit Camodem-forgery intended to deceIve)~or if we determine in our sale judgment that the offering for salo of .any lot of Property. hall subjected·w .may subject us and/o~ you· to any liability. including liabilItY uncfer the warranty of titlr:r or warrantY of authenticity included in the T enos of Guarantee. ff we·receive from a purchaser notice of Intention to rescind and we determfne that a lot gf the Property is subject to rescission un-der the T8lms·of Guarentee or .s otherwise Nt·forth above, we will credit the purchaser with the: purchase prioe, you will return to us on ten days' notice to you any sale proceeds for: such Property paid hV us to vou or to il third party as dirBcted by you. and we wUI ratum"the Property to you upon your reimbursing U9 for expenses incurred -in connection with the reteinded sale, and paying U8 any ather amounts you owe us or any of our affiliated entities.
11_. Privata Safes. If any lot fails'to rsach its reserve and· is boughtooln for your account, you authorize us, as your exclusive -agant. for 8 period of 60 days fotlowinl;nha aur;tion, to sell the lot piivately. for il price that win result in a .payment to·you of not less than the net amount lafter our selling commisslcn and expenses~ to which you would ·have boen untitled had ·the lot been ·sold at a price $ILIal 10 the! -agreedresBJ"VC. In such.BV6nt~ your obligations to us hereunder wffu respect to such lot are tho samoas if it had been sold at auction.

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12. Trcl!!trnent of UnFOld Property. If BnV Properly remains unsold for any reason after the auction, we ·will notify you. If such Property has not bean sold priVatelY pursuant to paragraph 11., and If it 18 not raconsigned 10 UE for sale on mutually a;reBd-upon terms or picked up within 60 days after auc;h notification, we may ia) return it to you at your expense, (b) sell it at pubUc auctiOn without re!Serv&at a pleaD and date. determined by us or (c} transfer it·to a· third-party warehDuse. The proceeds of MV sala pursuant to (b) above will be applied to any emount you owe us or any of our affiliated entities. rnctudlna~ but not limited to. our commissions and expensl!I15, and any BXceSS will be remitt8d to you. In the avent of th_e transfer of any unsold Property to a tilird-party warehouse, YOU shall bear all coat and rISk t1l0lllof and _hall ba liabla to such warehouse for 1110payment of all storllQ8 and insurance oharges ateuoh w.,..housa·s standard rates. You shall not be anti1JacHo reclaim any J.cIn$Ofd roperty until all cDmmissions, expenses end other P emount:s o~ad to U$ or eny of our at:ffl;'tel have been paid in fulL Unlass ·and until.we ·faoffBr and sell such Ptcp&(ty or nrwm It to your We will hold it witl)~ut charge fol'" a plltiod of 30 .days after 1I1e auction In whfoh it is offered but not sold. Thont6fter, • handling charge of 1 %. per month or-·the mean of our pre-sala estlmate$ will ba plyable by YOU'kl cov. ·ollr costs of handlinu. Pra-nla estimates; if an'l, .... in1endad as- guides for of the anticipated selling price of any Property and no eStimate anywhere by. us of 1he salling price of lillY· Property may·be roIied upon as ZI prediction of the actual selling price. Estimates" included in receipts, catalogues or elsewhere are preliminary only and are subject to revision by us from tim. to time, in our aole discretion. _ We will not be liable for any errors or omissions with respeot to lhe-auCltion, or in ttw- Cll"talogu6 or !1fher descnptions of the Property and make no Q_uarant4tEtS. raprelBntations or warranties what$Qavar 10 you with respect to the Property, Its authen1iolty, attribution, legal titlr:.. condition. vatue or otherwiu. 13.
prospective _bidders.

We· make no

Eattm!1!!i Catalogye DescrJption&.
representlltlon~

or warramtes

14. Use of Hllme. We may use your name ... owner of tho Property as·set fonh on the1trst page of this Agreement or we· may dpjgnate the Property as 1nd'tcatad by you below (plau& Pfil1t your instructio!1S and initial the box next to it), when· we offer the Property for saEe, u.dVertls8·or otherwiae promote tho sele. both bofo~

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Muc Jeneou Contemporary Mr Marc Jancou 524 W. 24th Street Ne\Y YorlC NY 100 \1-1.1 03·

Client Account Number: Consignment Number:

6505953 40141623

Principal AUctioneer:

Date~

Tobias Meyer
Ucense No. OaS8677

09-Sep-2011

or altar ·the .auction. If you do ·not .wlilnt
bo}( bmow.

us: to use your name or otherwise designata the Property. pfease initial the
Property as follows:
US9

You may dusignatsthe You msy not

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transactions contemplated

Lgi status.
hereunder;

If you ere acting

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a fiduciary In executing this Agreement and in the and sign and return to us our standard "Fiduciary

Agreamen"!. ...

Rduc:iarvT"l
If you are acting as an 1Igen.t for someone who. is not sign~ng this Agreement. you and VOl.lT principal jointly and severally assume your obJi"g8tipns and liabilities hPM&undllr10 tho same wttent as·if you wers
acting as principal.

16. Reconsignment. We may. at our dfscrotioor reconsign any Jot of Property SD that i1 shall be offered for sale at public auction by o~ at our .ffinaw, unless you object in writing within ten days of the date of our notice of reconsignment. ·Any reoonsigned·lot shall be offered fur sale pursuant to the terms of this Agreement, and subJeot to the Conditions of Su$ineas and the Authenticity Guarantee, If any, applicable to the auction where offared. If thare is a conflict between the sppficsblp Conditions of Business and the Authenticity GUarantee and the terms of this: Agreement, 1:tteterms of this Agreoment shalE control. WIth respoct to eny SUCh recoosignad lot,. lhe terms "Ctlnditions of Sale" and "Terms of Guarantee" refaned to in this Agreement shall·mean the Conditions of Business and the AuthantJcltv GU8nlnte&. if any. applicable to 5uch auction. Any net :sate proceeds of the PropErty in such sale shall be remrttDd to you in the GUrrency in which thu· Juction js conducted. and all local taxes shaD appJv. 17. Noortman Master Plllntfngs. You agree that. provided N~ortman MastaF Pbintings t'"Noortman"), an indepenlMntly rnanagltd. subsidiary of Sotheby's f"Sotheby's Holdings·). ha$· had no access through us or any of rn; affiliates or l!Oubsidlartes to any O'Onfidential infonnatlon relating to tha aBle Qf the Property, NOGrtman may ·bid for any PrQparty. Jf NO-ortman is tho successful bidder, it will be purdtaslns suCh lot ftlr its gallery inventolY with the intention to resell it in the future. . 18. Amendment. Neither you nor we may amend, supplement "OrwaiY'1I: ny pro'lision Qf this a A9reemen~ other than by means of a writing signed by both parties except that if at any time we proP!)'. by writtan I1tItice to amend or supplement any provision of thia Agreement. or provide additional terms or conditions as to your f\Jture consignments, you will be. deemed to have agreed thereto with respect to. any property received by us at any lime after such notice. unless advise us in wridng to tne contrary before wah propertY Is received by us.

vou

~f1Y information that you supply to us or 1hat we obtain about you in Its data systems shared within Sotheby'$ Group. Your information will be kept confidential within SothebV's Group. From time to tlme Sotheby's I3roup may send you information about itS sales and evenra. or about products anti :IIcrviGC8 ct other organizations with which it

19.

Privacy. Sotheby'a ·Hoidings, its IUbsidiartes and affiliates (MSothebV's Gr-oup") wil record

has a relatton8hfp.
20. MTse!U.,eous. Thb Agre:mTlent shall bit govwnad by and IOOnRrUod and enforoed in wit", the laW$ of tIle.state of New York. In the event of a displ.lt8 hereunder, you agree to eubmtt to 'he jUri&dlGtion of tho $tIte ~O\U1~of end tht! fadem courts sitting in the State of New YOlk. Thli Agroemsnt

.-.

exc\usIYe

accordance

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Marc Jancou Contemporary
Mr Marc Jancou

Client Account Number:

6505953

524 W. 24th Street
New York NY 10011·1103

Consignment Numben Date: Prlnc:lpal Auctioneer:

40141623
09-Sep·20H

:robias

Meyer

License No. 0958677

·you· and ·~ur" mean the IndiVidual. corporaflon or other entity lillted above (jointly' and severally it"there is mOre than one listed above). You. agree that you Wtlf not"d"lSclose the terms. af thIS A'greement to any third-P81'ty without ·our jJf'ior written consent., excePt 10 attomsvs and ilCCoun1ilnts:·on •. n8ed~to-know basis, or as a resutt af valid lellal process compelling the disolosure. provided you tim give !.IS prompt written notice of 'such SBl'Yice of PlD.:;ess and anow us. it we deam it appropriate, to obtain ill pmt~tjvo order. Any notices given hereunder to you or U$ shlllt be in writing to the respective address indiceted on the first page of this Agreement Cor to such Qtheraddross as you or we may notify the other in writing) and silalJ be deemed to have be-eo given five calendar days after meUing to auch address or within one business day of deliwJry bV hand or wlecopier. You agree to providu us, upon our tequest. verificatior. of identity in an appropriate form. 11Ie paragraph headings contained in this Agraament are ror convenience of reference only and Shan not affect in any way the meaning or interpretation of 1f1~ Agreement. PJ~ase confirm your agreement with the foregoing by dating. signing and returning to us duplicate capy of this Agreement.

shall b8 binding upon YOlar heirs. executors, 'b8nefJciaries~ SUCC8Ssors and assigns. bU1;you may not assign this Agroernent without our prior written consent. Neither pilrty shall bsliable to 1he other for any $pecial. consequential Dr Incidentar damages. This Agreement. including the Schedules hereto, and the Conditions of Sals end MY Tenns of Guarantee. constitUte the entire agreament between the parties wh:h respect to .the transactions COIlh'l111Plated Iloceby and supersede an prior or ocnt~PQraneous writtan. •. oral Or implied under3tandings, rapresentBtion!l ;md agreements of ~B parties relating to the subject matter of this Agreement. As useD in this' AgrcMlant. ·wen 'us" and "ours" mean SothebV's. Inc. and Bny .ffiliated company offering ?roper-rv for sale under this Agl'llement. and

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Consignor

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Property Schedule
Marc Jancilu ConrempDrary Mr Marc Jancou 524 W. 24th SUeet
NIIW York NY 1001 T-'103

ClIent A!lCQUl1t Numb$!': Co~slgnment Number:
Dilte:

65()'5953 40141023
09,S!lP-%011

llem II) 6E1l11SX.

CSSCSlp1!on
Cady Noland. CaW'b0lls Mll1dng. 'TSSOAluminum

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estimate
USD

2fiO.aoO.OD

350..000.00 USD
Rllfer

print. 48.2

lC

7210.

to Oepanmenr

DIlpartment: ClielYtRef Nil.~

Contel1¥lOrllrv Art
NOV. :201 1 CONTEMPORARY DAY SAl-E

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