The family of late Marlborough Gallery chairman Pierre Levai has filed a lawsuit to prevent the art dealer’s lover from accessing a seven-figure inheritance, claiming she was responsible for his death earlier this year and tried to steal his fortune.
The lawsuit was filed in New York last week by Levai’s art dealer son Max Levai, who runs The Ranch art space in Montauk. Max claims his father’s “long-time paramour” Marcia Levine, a fine art consultant, denied Pierre Levai access to food and medical care and kept him from communicating with his family during the final months of his life. Those factors contributed to his death in June at age 87, the lawsuit claims.
Under New York’s so-called “slayer statue”, anyone who recklessly or intentionally kills someone is not eligible to inherit any of their assets. Max Levai is seeking a jury trial and for Levine to be removed as the initial beneficiary of a $3m trust created by Levine in 2018. When Levai died earlier this year, the value of the trust’s funds exceeded $1m, according to the lawsuit. Also listed as a defendant is Hanno Mott, an art lawyer who serves as a trustee on the trust.
In November 2023, Levine and Levai travelled together to Miami for what was intended to be a short vacation to help Levai’s declining health, according to the lawsuit. Levai’s wife, Rosemary Levai, was aware of the trip and the nature of Levine and Levai’s relationship, the complaint notes. Max Levai met his father in Florida in December 2023 at the Art Basel Miami Beach fair. But later that month, the elder Levai was admitted to a Miami Beach hospital for three days after passing out and sustaining multiple fractured ribs. After his release, Levine began to isolate Levai and prevent him from communicating with his son and wife, the lawsuit alleges, and tried to gain control of his assets.
In early January 2024, Rosemary was allegedly contacted by a real estate agent asking for her signature on documents in order to list an apartment on Fifth Avenue she and Levai co-owned for sale, and to remove Rosemary as a joint owner. Rosemary believes it was orchestrated by Levine, according to the lawsuit. Several days later, Max flew to Florida to see his father in person, but was refused entry into Levai’s Miami apartment by Levine, he says. Levine also allegedly arranged to have the locks changed at another New York apartment owned by Levai, to have Rosemary’s credit card canceled and changed the plans for Levai’s estate after his death. The Levai family previously sued Levine in Florida to prevent her from taking further control of his finances.
In April, Levai’s health began to decline rapidly. When he was admitted to hospital, he was in critical condition and hospital records indicate he had not eaten for three weeks, according to the lawsuit. Just several days before, Levai had seemingly signed paperwork to transfer some power over his estate and health over to Levine, which the lawsuit claims he was not well enough to consent to.
“Pierre’s medical records also reveal that upon admission, he was in a state of septic shock, suffering from severe malnutrition, acute respiratory failure due to hypoxia (lack of oxygen in the blood) and hypercapnia (buildup of carbon dioxide in the blood), aspiration into his lungs, cachexia (muscle mass loss), encephalopathy due to malnutrition, inability to ambulate, weakness, urinary tract infection, and failure to thrive, all of which was directly due to Ms Levine’s reckless failure to care for Pierre,” the lawsuit states.
Lawyers for the Levai family did not immediately respond to The Art Newspaper’s requests for comment. Mott declined to comment on pending litigation.
Levai died in June. He was the nephew of Frank Lloyd, who co-founded the now-shuttered Marlborough Gallery, and Levai began leading the gallery’s activity in New York in 1963. The gallery announced earlier this year it would begin winding down operations. In 2020, Marlborough had been at the centre of multiple lawsuits and a family feud over the future of the business.