Odili Donald Odita, an artist based in Philadelphia, has filed a lawsuit against Jack Shainman Gallery in New York, alleging that the gallery improperly withheld over $1 million worth of his artwork while not adequately promoting or selling his pieces. This case brings to light significant issues within the gallery system structure.
The lawsuit presents five distinct allegations, including breaches of fiduciary duty and violations of the artist-dealer agreement as stipulated under New York state law. Odita seeks unspecified damages and the return of his artworks. In response, a representative from Jack Shainman Gallery stated that they “dispute all claims made by Odita and will provide a comprehensive response through official court documents.”
This lawsuit was lodged in the New York State Supreme Court on October 3, detailing a typical gallery arrangement highlighted by a letter of agreement from August 2016. The document specified that the gallery would grant Odita monthly payments of $14,000 and would recover those prepayments through future sales of his artwork. Any excess earnings would be disbursed to Odita at the end of each year, while any deficits would prompt a review of the monthly payments.
After eight years under this agreement, in October 2024, a senior gallery director informed Odita that payments would cease due to a “significant outstanding deficit,” according to the lawsuit. Despite his objections, the gallery maintained its right to sell his artworks, as stated in the filing.
However, the suit claims that while the gallery continued to sell his work, it did so less frequently and without the necessary investment to ensure timely sales. After six months, Odita expressed a desire to terminate the consignment agreement and reclaim his artworks. The gallery reportedly responded that Odita would need to settle an outstanding balance of around $350,000 as of March 2025 before any return of the works.
Odita sought to sell his artworks independently to pay off the debt, but the gallery allegedly rejected this proposal, adversely affecting his income and reputation within the art community. Additionally, the lawsuit accuses the gallery of errors or potentially intentional mismanagement regarding the accounting practices related to expenses deducted from his sales proceeds.
Represented by attorneys from Barnes & Thornburg LLP, Odita has refrained from making public comments. Art galleries David Kordasnky and Stevenson Gallery, which represent Odita in Los Angeles and Cape Town, respectively, have not responded to inquiries from Hyperallergic.
Born in Enugu, Nigeria, in 1966, Odita is renowned for his large-scale geometric paintings and public art that utilize bold colors and patterns to explore the political dimensions of abstraction. His pieces often command “hundreds of thousands of dollars,” according to court documents. His latest notable installation debuted this spring as a site-specific commission at the Museum of Modern Art in Manhattan.
Jack Shainman Gallery operates three locations in New York, including a flagship in Chelsea, an exhibition space called The School in Upstate New York, and a newly inaugurated gallery in Tribeca’s historic Clock Tower, which was purchased for $18.2 million. The gallery has hosted eight solo exhibitions of Odita’s work, the most recent of which occurred in 2023.
Notably, Odita’s name has been removed from the gallery’s roster, and his dedicated artist page appears to be inactive.
