The Metropolitan Museaum of Art and Jan Cowles v. Safflane Holdings, Ltd. et al

Filing 8

RULE 26 DISCLOSURE.Document filed by Safflane Holdings, Ltd., Robert Wylde.(Golub, Aaron)

AARON RICHARD GOLUB, ESQUIRE, PC
Attorneys for Plaintiffs
34 East 67th Street _3rd Floor
New York, New York 10065
ph: 212-838-4811
fx: 212-838-4869
ARG 6056
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------X
SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,
Plaintiffs,

-against-

GAGOSIAN

GALLERY,

11-CIV-1679

(DLC)

PLAINTIFFS' INITIAL
DISCLOSURES PURSUANT TO
FRCP 26(a) (1) CONCERNING
THE PAINTING BY MARK
TANSEY ENTITLED
"THE INNOCENT EYE TEST"

INC.
Defendant.

--------------------------------------x
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

--------------------------------------x
THE METROPOLITAN
JAN COWLES,

MUSEUM

11-CV-3143

(DLC)

OF ART AND

Plaintiffs,
-againstSAFFLANE
WYLDE,

HOLDINGS

LTD. AND ROBERT

Defendants.

--------------------------------------x
Pursuant to Rule 26(a) (1) of the Federal Rules of
Civil Procedure and the So Ordered Coordination Stipulation,
dated June 6, 2011, plaintiffs SAFFLANE HOLDINGS LTD.,
("Safflane") and ROBERT WYLDE ("Wylde"), by their attorney,
AARON RICHARD GOLUB, ESQUIRE, PC, hereby make the following
initial disclosures.
Pursuant to Rule 26(e) (1) Plaintiffs
-1-

reserve their right to supplement and/or amend their initial
disclosures, as appropriate, prior to trial:
WITNESSES
FRCP Rule 26 (a) (1) (A) (i) The following individuals
are likely to have discoverable information relevant to the
claims, defenses and allegations at issue in the above captioned
actions:
1.

Robert Wylde
c/o Aaron Richard Golub, Esquire, PC
34 East 67~ Street - 3cl Floor
New York, New York 10065
T: 1-212-838-4811
Including but not limited to, information
concerning the transaction between plaintiffs
defendant related to the following painting:

and

MARK TANSEY ("Tansey")
The Innocent Eye Test, 1981
Oil on canvas
78 x 120 inches
198.1 x 304.8cm
(TANSE 1981.0001) ("Tansey Painting")
2.

Lawrence Gilbert Gagosian a/k/a Larry Gagosian
c/o Gagosian Gallery, Inc.
West 24th Street
555 West 24th Street
New York, NY 10011
T: 1-212-741-1111
Including but not limited to: provenance;
relationship with Tansey; level of knowledge or
information exchanged between dealer and artist;
status and creation of the Tansey Painting;
background and history of the Tansey Painting;
oeuvre of Tansey's work; information concerning
the transaction between plaintiffs and defendant
related to the Tansey Painting; and
communications with The Metropolitan Museum of
Art ("Met") concerning the Tansey Painting;
custom and practice in dealing with the Met;
relationship with the Met; information and
communications exchanged between defendant and
Jan Cowles ("JC") and/or Charles Cowles ("CC");
-2-

information concerning anyone who had possession
of the Tansey Painting and anyone who dealt with
the Tansey Painting following CC's purported gift
of the Tansey Painting to the Met; and
relationship to any auction sale of the Tansey
Painting.
3.

John Good
c/o Gagosian Gallery, Inc.
West 24th Street
555 West 24th Street
New York, NY 10011
T: 1-212-741-1111
Including but not limited to: information
concerning the transaction between plaintiffs and
defendant related to the Tansey Painting; JC's
purported interest in the Tansey Painting
communications with the Met concerning the Tansey
Painting; custom and practice in dealing with the
Met; relationship with the Met; information and
communications exchanged between defendant and JC
and/or CC; information concerning anyone who had
possession of the Tansey Painting and anyone who
dealt with the Tansey Painting following CC's
purported gift of the Tansey Painting to the Met;
and relationship to any auction sale of the
Tansey Painting.

4.

Charles Cowles
84 Mercer Street
New York, New York 10012
Including but not limited to: information
concerning the Tansey Painting; JC's purported
interest in the Tansey Painting; the transaction
between plaintiffs and defendant related to the
Tansey Painting; communications with the Met
concerning the Tansey Painting; custom and
practice in dealing with the Met; relationship
with the Met; and information and communications
exchanged between defendant and JC and/or CC;
information concerning anyone who had possession
of the Tansey Painting and anyone who dealt with
the Tansey Painting following CC's purported gift
of the Tansey Painting to the Met.

-3-

5.

Bill Carroll
Last known address is:
c/o Charles Cowles Gallery, Inc.
420 west Broadway
New York, NY 10012
T: 212-925-3500
Including but not limited to: information
concerning the Tansey Paintingi the transaction
between plaintiffs and defendant related to the
Tansey Paintingi JC's purported interest in the
Tansey Paintingi communications with the Met
concerning the Tansey Paintingi custom and
practice in dealing with the Meti relationship
with the Meti and information and communications
exchanged between defendant and JC and/or CCi
information concerning anyone who had possession
of the Tansey Painting and anyone who dealt with
the Tansey Painting following CC's purported gift
of the Tansey Painting to the Met.

6.

Carolyn Owsianik
Last known address is:
c/o Charles Cowles Gallery, Inc.
420 west Broadway
New York, NY 10012
T: 212-925-3500
Including but not limited to: information
concerning the Tansey Painting, JC's purported
interest in the Tansey Paintingi communications
with the Met concerning the Tansey Paintingi
custom and practice in dealing with the Meti
relationship with the Meti and information and
communications exchanged between defendant and JC
and/or CCi information concerning anyone who had
possession of the Tansey Painting and anyone who
dealt with the Tansey Painting following CC's
purported gift of the Tansey Painting to the Met.

7.

Michael Sweney
Last known address is:
c/o Charles Cowles Gallery, Inc.
537 west 24th Street, Chelsea
New York, NY 10011
T: 212-925-3500
Including but not limited to: information
concerning the Tansey Painting, JC's purported
-4-

interest in the Tansey Painting; communications
with the Met concerning the Tansey Painting;
custom and practice in dealing with the Met;
relationship with the Met; and information and
communications exchanged between defendant and JC
and/or CC; information concerning anyone who had
possession of the Tansey Painting and anyone who
dealt with the Tansey Painting following CC's
purported gift of the Tansey Painting to the Met.
8.

Jan Cowles ("JC")
Last known address is:
810 Fifth Avenue
New York, New York 10021
-andc/o SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
T: 1-212-768-6800
Including but not limited to, information
concerning the Tansey Painting.

9.

Lester Marks
Last known address is:
3 Parkwood Drive
Great Neck, New York 11023
-andc/o SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
T: 1-212-768-6800
Including but not limited to, information
concerning the Tansey Painting.

10.

Mark Tansey
Address presently unknown
Including but not limited to: provenance;
relationship with defendant Gagosian Gallery;
relationship with prior dealer; level of
knowledge or information exchanged between dealer
and artist; status and creation of the Tansey
Painting; intention in creating the Tansey
Painting; background and history of the Tansey
Painting; oeuvre of the artist's work;
information concerning the transaction between
plaintiffs and defendant related to the Tansey
-5-

Painting; and relationship
the Tansey Painting.

to any auction

sale of

11.

Curt Marcus
c/o Curt Marcus Gallery
2 Fifth Avenue
New York, New York 10011
T:
212 226-3200
Including but not limited to: provenance;
relationship with Tansey; level of knowledge or
information exchanged between dealer and artist;
status and creation of the Tansey Painting;
background and history of the Tansey Painting;
oeuvre of Tansey's work; information concerning
the transaction between plaintiffs and defendant
related to the Tansey Painting; and relationship
to any auction sale of the Tansey Painting.

12.

Gary Tinterow
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business policies
and practices of the Met and related information,
information concerning the Tansey Painting,
contacts and communications with CC, JC and any
other party in the above captioned actions.

13.

Linden Havemeyer Wise
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business policies
and practices of the Met and related information,
information concerning the Tansey Painting,
contacts and communications with CC, JC and any
other party in the above captioned actions.

14.

Sharon H. Cott
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business
-6-

policies

and practices of the Met and related information,
information concerning the Tansey Painting,
contacts and communications with CC, JC and any
other party in the above captioned actions.
15.

Herbert Moskowitz
Last known address is:
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business policies
and practices of the Met and related information,
exhibition history and information concerning the
Tansey Painting; contacts and communications with
CC, JC and any other party in the above captioned
actions.

16.

Katherine Baetjer
Last known address is:
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business policies
and practices of the Registrar of the Met and
related information, exhibition history and
information concerning the Tansey Painting;
contacts and communications with CC, JC and any
other party in the above captioned actions.

17.

Emily Rafferty
Last known address is:
c/o The Metropolitan Museum of Art
1000 5th Avenue
New York, NY 10028
1-212-535-7710
Including but not limited to, business policies
and practices of the Met and related information,
information concerning the Tansey Painting,
contacts and communications with CC, JC and any
other party in the above captioned actions.

18.

Philippe de Montebello
New York University
Duke House
-7-

1 East 78 Street, 334
Tel [phone]
New York, New York 10075
Including but not limited to, business policies
and practices of the Met and related information,
information concerning the Tansey Painting,
contacts and communications with CC, JC and any
other party in the above captioned actions.
19.

Subject to further discovery, unnamed current and
former staff and/or other personnel at Gagosian
Gallery, Inc., who have relevant information
regarding the claims, defenses and allegations
at issue, including but not limited to
information concerning the Tansey Painting, and
the transaction between plaintiffs and defendant
related to the Tansey Painting.

20.

Subject to further discovery, unnamed current and
former staff and/or other personnel at Charles
Cowles Gallery, Inc., who have relevant
information regarding the claims, defenses and
allegations at issue, including but not limited
to information concerning the Tansey Painting,
and the transaction between plaintiffs and
defendant related to the Tansey Painting,
contacts and communications with the Met.

21.

Subject to further discovery, unnamed current and
former staff and/or other personnel at the Met,
who have relevant information regarding the
claims, defenses and allegations at issue,
including but not limited to information
concerning the following:
i.

The Tansey

ii.

Painting;

Provenance;

iii. The transaction between plaintiffs and
defendant related to the Tansey Painting;
iv.

Contacts and communications with JC, CC and
any other party in the above captioned
actions;
-8-

v.

The Met's policies
to:

and practices

pertaining

a.
b.

Loans of artwork

c.

co-ownership

d.

updating information on its website
concerning its collection of artwork;
and

e.

22.

Gifts to the Met;

Accommodations to benefactors and/or
individuals who have donated artwork to
the Met.

to third parties;

of works of art;

Subject to further discovery, any and all
attorneys who represented any party herein,
during the relevant time period concerning the
Tansey Painting and/or the transaction between
plaintiffs and defendant related to the Tansey
Painting.

DOCUMENTS
FRCP Rule 26 (a) (1) (A) (ii)
and location of, all documents, data
things in the possession, custody or
relevant to the claims, defenses and
captioned actions:

A description by category
compilations and tangible
control of the party
allegations in the above

1.

Safflane and Wylde's contracts and communications
with Gagosian Gallery, Inc. concerning the Tansey
Painting.

2.

Documents concerning the Tansey Painting
purchase of the Tansey Painting.

3.

publications

4.

Safflane and Wylde reserve the right to use any
document, data or information produced by any
party and/or third party in the above captioned
cases.

concerning

-9-

the Tansey

and the

Painting.

Documents

are located at plaintiffs'

counsel's

office:

Aaron Richard Golub, Esquire, PC
Attorneys for Safflane and Wylde
34 East 67~ Street - 3~ Floor
New York, New York 10065
T: 1-212-838-4811
DAMAGES
FRCP Rule 26

(a) (1) (A) (iii) A computation

of damages:

Plaintiffs' damages include, subject to expert testimony,
the value of the Tansey Painting at the time of trial.

INSURANCE
FRCP Rule 26 (a) (1) (A) (iv) Any insurance agreement
under which any person carrying on an insurance business may be
liable to satisfy all or part of a judgment which may be entered
in the action or to indemnify or reimburse for payments made to
satisfy a judgment:
Plaintiffs have no insurance policy that could be used
to satisfy any part of a judgment in this case.
Dated:

New York, New York
June 24, 2011
Respectfully

submitted,

s/Aaron Richard Golub
AARON RICHARD GOLUB, ESQUIRE, P.C.
Attorneys for Plaintiffs
34 East 67th Street - 3rd Floor
New York, New York 10065
ph: 212-838-4811
fx: 212-838-4869
ARG 6056

-10-

To:

WITHERS BERGMAN LLP
Attorneys for Gagosian Gallery,
430 Park Avenue, 10th Floor
New York, New York 10022-3505
[phone]

Inc.

PATTERSON BELKNAP WEBB & TYLER LLP
Attorneys for The Metropolitan Museum
1133 Avenue of the Americas
New York, New York 10036
[phone]
SNR DENTON LLP
Attorneys for Jan Cowles
1221 Avenue of the Americas
New York, NY
10020-1089
[phone]

-11-

of Art

========NOTICE OF ENTRY==========
PLEASE take notice that the within is a (certified)
true copy of a
duly entered in the office of the clerk of the within
named court on
Dated,
Yours, etc.

New Y or'l I'~ew YOr'k 10065

34 .{;Vls-t
67th St-reeU,J poor'

AVlr'on RicllVlr'd
Golub, .{;squi-re,

p.C.

Office and Post Office Address

Attorney for

To
Attorney( s) for

M.

Yours, etc.

p.C.

=======NOTICE OF SETTLEMENT======
PLEASE take notice that an order
of which the within is a true copy will be presented
for settlement to the Hon.
on
at
Dated,

Attorney for
AVlr'on RichVlr'dGolub, .{;squi-re,
34 .{;Vls-t
67th S1:T'eet- 3,0+=Ioor'
f\Jew Y mol New YOr'k 10065

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
==========================================
11-CIV-1679 (DLC)
SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,
Plaintiffs,
-againstGAGOSIAN GALLERY, INC.
Defendant.

ll-CIV -3143 (DLC)
THE METROPOLITAN MUSEUM OF ART AND
JAN COWLES,
Plaintiffs,
-against-

SAFFLANE HOLDINGS LTD. AND ROBERT WYLDE,
Defendants.

PLAINTIFFS' INITIAL DISCLOSURES PURSUANT
TO FRCP 26(a)(I) CONCERNINGTHE PAINTING BY
MARK TANSEY ENTITLED
"THE INNOCENT EYE TEST"

'21'2
-838-4811

New YOr'l New YOr'k 10065

34 .{;Vls-t
67th S1:T'eet_3,0
+=Ioor'

AVlr'on RichVlr'dGolub, .{;squi-re,

p.C.

Attorneys for Plaintiffs
Office and Post Office Address, Telephone

To
Attorney( s) for
Service of copy of the within is hereby admitted