Prominent painter Odili Donald Odita, who recently completed a major commission for the Museum of Modern Art's atrium, has filed a lawsuit against Jack Shainman Gallery in New York Supreme Court. The artist alleges that the gallery is withholding $1.12 million worth of his artwork despite his repeated attempts to retrieve the pieces. The legal action, filed last week, also raises concerns about the gallery's financial transparency and accounting practices.
Odita, a Nigerian-born artist based in Philadelphia, is internationally recognized for his vibrant abstract paintings that use bold color combinations as metaphors for liberation and freedom. His work has been featured in prestigious venues including the Prospect New Orleans triennial and the Venice Biennale. The artist maintains representation with multiple galleries, including Jack Shainman Gallery in New York, David Kordansky Gallery in Los Angeles, and Stevenson Gallery in Cape Town. His recent MoMA commission, which went on display in April, further solidified his standing in the contemporary art world.
The legal dispute centers around a 2016 agreement between Odita and Jack Shainman Gallery that established a monthly payment of $14,000 to the artist. According to the lawsuit, the gallery abruptly stopped these monthly payments in October 2024. A senior director at the gallery allegedly informed Odita that they could no longer afford to continue what they claimed was a substantial outstanding deficit on his account.
Despite the cessation of payments, the lawsuit claims that Jack Shainman Gallery continued to sell Odita's work, though with less frequency than in previous years. The gallery also maintained Odita's listing on their artist roster until recently, though his name has since been removed from their website's Artists page as of Monday.
When Odita proposed a solution to resolve the alleged deficit by having his artwork returned to him so he could sell it independently, the gallery reportedly declined. According to court documents, Jack Shainman Gallery asserted that it "has the right to retain all of Mr. Odita's artwork, not [the right to] have to sell it." However, the original 2016 agreement submitted with the lawsuit contains no specific language regarding the retention of artwork in cases of financial disputes or deficits.
The artist argues that his artwork will continue to suffer damage and depreciate in value while remaining in the gallery's possession without proper care or exhibition. The lawsuit does not specify the exact number of works being held by the gallery, but Odita is seeking $500,000 in damages in addition to the return of all his artwork.
Following the publication of initial reports about the lawsuit, Jack Shainman Gallery issued a statement disputing all of Odita's claims and indicating they would provide a comprehensive response through official court filings. Odita's legal representative declined to provide additional comments beyond what was stated in the court documents.
The current legal battle marks a dramatic shift in what was previously described as a positive working relationship. In a 2020 interview, Odita spoke favorably about his association with Jack Shainman, praising how "the artists in Jack's gallery have changed over the years, and his gallery has grown in the process to become one of the best-to-see galleries in New York City." He specifically noted the value of the gallery's diverse roster, explaining that it allowed "artists to support each other through their sales and in their success."
This lawsuit represents the second legal controversy involving Jack Shainman Gallery in recent years. In 2024, the gallery initiated its own lawsuit against collector Jim Hedges, alleging he owed nearly $300,000 for the purchase of 19 artworks. That case was subsequently dropped in November of the same year.
Jack Shainman Gallery, founded in 1984, has been expanding its operations and recently opened a new location in a renovated former banking hall in Tribeca. According to industry reports, gallery owner Jack Shainman purchased the expansive space for $18.2 million using financing from TD Bank. The timing of this major real estate investment coinciding with the financial disputes alleged in Odita's lawsuit may raise questions about the gallery's resource allocation and financial priorities.
