In March 2022, Mark Herman, a dog walker and recreational drug enthusiast in Upper Manhattan, found himself in possession of a dog, a painting, and a captivating story. The dog, Phillipe, was a 17-year-old toy poodle belonging to Mr. Herman’s only client, Isidore Silver, an 87-year-old retired law professor. The painting, potentially a lost work by renowned artist Chuck Close, had belonged to Mr. Silver as well, though its authenticity remained uncertain.
The story behind these possessions is intriguing. In 1967, Chuck Close, who was then teaching at the University of Massachusetts Amherst, faced controversy when his exhibition of 31 works, including several featuring nudity, was removed due to complaints. Mr. Silver, a young lawyer at the time, represented Close in a First Amendment case. While Close lost his job, he went on to become a highly acclaimed artist, until sexual harassment allegations emerged in 2017. Meanwhile, Mr. Silver pursued a career in academia.
Mr. Silver and Mr. Herman formed an unlikely bond. Despite Mr. Silver’s volatile nature, Mr. Herman cared for him and his beloved dog Phillipe. When Mr. Silver’s health declined, he revealed the existence of a painting by Close that had been kept hidden in his closet for decades. Mr. Silver urged Mr. Herman to take both Phillipe and the painting, which bore Close’s signature and the date 1965-66.
Following Mr. Silver’s death, Mr. Herman discovered the potential value of the painting. However, he lacked the funds for authentication and the high-stakes art market seemed daunting. Sotheby’s offered to put the painting up for auction with a low estimate, but when they reached out to Close’s long-time dealer, Pace Gallery, and the artist’s studio, no record of the painting was found. Sotheby’s decided not to proceed with the sale.
The disappointment within the art market is not uncommon. Artists’ studios and estates have become increasingly hesitant to authenticate any stray works to avoid potential litigation. Early works are particularly challenging to authenticate. While Mr. Herman had hoped for a windfall, he found himself with a painting by a notable artist in the wrong art market at the wrong time.
Mr. Herman’s story portrays the complexities of the art world and the challenges faced by those who come into the possession of potentially valuable works. Despite not finding the financial success he had hoped for, Mr. Herman remains connected to the memory of his friend and the intriguing story that surrounded their lives.
