Calder Estate Fraud Claim Dismissed: Judge Finds Allegations “An Incoherent Stew of Irrelevance and Innuendo”

On December 23, 2013, Judge Shirley Werner Kornreich dismissed the Calder Estate suit against Alexander Calder's long-time dealer, Perls Galleries. Kornreich, shifting fault to the Calder Estate, wrote in her Decision and Order: "Rarely has the court encountered a better justification for the statute of limitations."  Bloomberg quoted her as saying: "All these allegations are so patiently inadequate that the court can only conclude that they were solely for the purpose of harassment or embarrassment."

In 2010, the executors of the Calder Estate (Sandra Calder Davidson, Mary Calder Rower and Shawn Davidson), charged the Perls Gallery (a.k.a. Katherine Perls, the executrix of the Estates of Amelia and Klaus Perls) with breach of contract and claimed damages of $20 million for selling the Calder paintings and letters in their trust without rightful approval.

The Calder's argued that a letter from Amelia (Dolly) Perls formed a binding contract between the two parties.  The letter mentions her plan to return Calder materials remaining at the gallery in 1996 to the Calder Foundation (which is not a party in the lawsuit).  She wrote: "I feel like the Calder Foundation is the right home for all our 'stuff.'"