NEW YORK (Legal Newsline) – A New York art collector will have to go overseas to sue the Netherlands-based Van Gogh Museum over its refusal to authenticate what he says is a long-lost work by the painter.
New York federal judge Louis Stanton on March 25 granted The Van Gogh Museum’s motion to dismiss the lawsuit, without prejudice, finding a forum selection clause that requires disputes to be brought in the Netherlands is enforceable.
Stuart Pivar initially filed his case in New York County Supreme Court in August before the defendant removed it to federal court and filed a motion to dismiss.
The suit says Pivar purchased a Vincent van Gogh painting titled "Auvers, 1890" in March 2021 and submitted an authentication request to The Van Gogh Museum in May. He sent pictures of the painting over email.
In August, the museum issued a report that said the painting was not authentic, even though Pivar had declared it the find of the century.
"At no time did the defendant seek to view the actual painting or engage the plaintiff in obtaining scientific or forensic tests of the painting's paint surface, canvas or other physical elements..." the suit says.
The fair market value has been reduced from $300 million to nothing, the suit says.
But the museum’s motion to dismiss pointed to a forum selection clause to which it said Pivar agreed when he sought its opinion.
Judge Stanton rejected Pivar’s argument that the clause was unconscionable because it was not negotiated and not communicated to him and the museum had no competition in the field of authenticating van Gogh works.
The terms and conditions were sent to Pivar’s email and signed by him, Stanton wrote. “The forum selection clause itself is in English and is clearly stated,” he added.
“Here, while the contract was indeed a form agreement, the fact that the parties did not negotiate the terms of the agreement does not render it unenforceable,” Stanton wrote.