The New York Post reported Monday that Silver, who produced Die Hard and other blockbusters, is suing Gagosian for the $3.2 million he paid for an as-yet undelivered Balloon Venus sculpture by Koons. Silver is seeking an additional $6.6 million for what he alleges is the gallery’s violation of New York’s Arts and Cultural Affairs Law. This suit comes just weeks after another collector, Steven Tananbaum, also sued Gagosian after paying $13 million for three sculptures that have not been delivered. Tananbaum’s fiery complaint claims the gallery’s up-front payment structure and the continually delayed delivery schedule “harkens the name Ponzi.”
Silver decided to file suit after seeing Tananbaum’s lawsuit, which confirmed his own suspicions about the business model. Gagosian maintains that Koons’s meticulous, labor-intensive process can cause delays, and that the delivery dates are only estimates. “For more than 30 years Jeff Koons has been creating works of art and to our knowledge, without exception, has never failed to deliver these works and always to the enormous satisfaction of the collector,” the gallery said in a statement to ARTnews.