FILED: NEW YORK COUNTY CLERK 07/16/ :41 PM INDEX NO /2016 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 07/16/2018. : Date Filed:/ÓD /2016

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x Index No. (155cq. d' JOHN WOODWAR, KRISTINE WOODWARD Date Filed/ÓD /2016 and G.O.L.A., d/b/a WOODWARD GALLERY. ffpummong Plaintiffs, -against- D Plaintiff(s) designate(s) New York as the place of trial NIRA LEVENE and NLR UNLIMITED, INC.,. The basis of venue is the count where the property in question is locate x Defendants. TO THE ABOVE NAMED DEFENDANT(S) Plaintiff resides at 131Eldrige Street, New York SQ]~ ~Cp] 8/gg, 4'0 y Og ~0/g on are hereby guininoneb to answer the complaint in this action and to serve a copy 8QO of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff(s)' attorneys within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. Dated New York, New York October 27, 2016 ROBERTS & ROBERTS By Michael Roberts, Esq. Attorneys for Plaintiff 401 Broadway, Suite 1902 New York, New York 10013

2 To NIRA LEVINE 522 Watercrest Road Forest Grove, Oregon Nirva Levine as registered agent for N.L.R Unlimited, Inc. 2

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x â â â Index No. JOHN WOODWAR, KRISTINE WOODWARD and G.O.L.A. d/b/a WOODWARD GALLERY Plaintiffs, COMPLAINT -against- NIRA LEVINE and NLR UNLIMITED, INC., Defendants x Plaintiffs John Woodward, Kristine Woodward and G.O.L.A. d/b/a Woodward Gallery Gallery" ("the Woodward Gallery"), by and through their attorneys, Roberts & Roberts, 401 Broadway, New York, New York complaining of the defendant, hereby allege as follows AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE ABOVE-NAMED DEFENDANT 1. The plaintiff JOHN WOODWARD is, at all times herein mentioned, an individual, the husband of the plaintiff Kristine Woodward, a resident of New York County, New York and the Director of the plaintiff the Woodward Gallery, which is located at 133 Eldridge Street, New York, New York The plaintiff KRISTINE WOODWARD is, at all times herein mentioned, an individual, the wife of the plaintiff John Woodward, a resident of New York County, New York and the Vice-President of the plaintiff the Woodward Gallery, which is located at 133 Eldridge Street, New York, New York.

4 3. The plaintiff the WOODWARD GALLERY is, at all times herein mentioned, a New York corporation with a principal place of business at 133 Eldridge Street, New York, New York The defendant NIRA LEVINE is, at all times herein mentioned, a resident of the State of Oregon, who regularly transacts art-related business in New York County, New York and the registered agent and the spokesperson of the defendant, NLR Unlimited, Inc. 5. The defendant NLR UNLIMITED, INC. is, at all times herein mentioned, an Oregon corporation, which regularly transacts art-related business in New York County, New York. 6. Pursuant to CPLR 503, venue is proper in this County because the individual plaintiffs reside in this County and the corporate plaintiff, the Woodward Gallery, has its principal place of business at 133 Eldridge Street, New York, NY On or about June 30, 2016, the defendants filed a Verified Petition and Order to Show Cause for pre-litigation discovery pursuant to CPLR 3102(c). The Petition included allegations concerning the Woodward Gallery's sale of some 45 Andy Warhol Spacefruit prints to the defendants in Significantly, at that time the defendants filed the Verified Petition and Order to Show Cause, they were in possession of Certificates of Authenticity issued by the Andy Warhol Art Authentication Board ("AWAAB") pertaining to each and every print they had purchased. Indeed, the defendant Nira Levine admitted in 25 of the Verified Petition that she was in possession of said certificates. 9. Subsequently, on or about July 1, 2016, the defendant Nira Levine, acting individually and as a spokesperson for the defendant NLR Unlimited, Inc., was interviewed by Julia Marsh of The New York Post. As a result of that interview, on July 1, 2016, The New York Post published, in its print and online editions, a false 2

5 and defamatory headline in large, bold letters regarding the plaintiffs that falsely stated, "Gallery sold Warhol prints with doctored documents lawsuit". The article further falsely states, "An 85-year-old Oregon woman says a prominent Manhattan art gallery doctored authenticity documents to dupe her into overpaying for 90 Andy Warhol prints - and now she's suing the Lower East Side dealers to find out if she was fleeced on another 50 pieces by modern masters like Pablo Picasso and Keith Haring." The article further identified the 85-year-old woman as Nira Levine, the gallery involved as the Woodward Gallery, and Kristine Woodward as a principal of the Woodward Gallery. These pei" false statements constituted libel per se committed against the plaintiffs. 10. On July 4, 2016, in its online edition, Artforum, a very influential publication in the art world, published an article on the defendants' claims, which falsely stated, "The Warhol Authentication Board also informed her that sixty-three of the works she had copurchased were fakes." This false statement constituted libel per se committed against the plaintiffs. 11. On July 4, 2016, in its online edition, artnetnews, another art world publication, published a false and defamatory headline in large, bold letters regarding the plaintiffs that stated, "Manhattan Gallery Faces Lawsuit Over Fake Warhol Prints." This false statement constituted libel per se committed against the plaintiffs. 12. On July 5, 2016, in its online edition, Art Review, another art world publication, published a false and defamatory headline in large, bold letters regarding the plaintiffs that stated, "Collector sues Woodward Gallery over Andy Warhol fakes." This false statement constituted libel per se committed against the plaintiffs. 13. Since the defendant was in possession of the genuine Certificates of Authenticity pertaining to her prints, which were issued by the AWAAB, at the time she made the above-mentioned statements, she knew, or should have known, these statements were false before same were published. 3

6 14. The defendants instituted a judicial proceeding alleging false and defamatory charges and then circulated communications based thereon maliciously calculated to damage plaintiffs' business and their professional reputations. Therefore, the privilege pursuant to Civil Rights Law 74 is inapplicable here. 15. The defendants' unlawful conduct was knowing, malicious, willful and wanton and/or showed a reckless disregard for the plaintiffs' rights, which has caused, and continues to cause, the plaintiffs damage to their business, disgrace, humiliation and shame throughout the world, and permanent harm to their professional and personal reputations. WHEREFORE, the plaintiffs pray that the Court enter judgment in their favor and against the defendants, containing the following relief 1. An award of damages, plus prejudgment interest, in the amount of Ten Million Dollars ($10, ) to compensate the plaintiffs for all monetary and/or economic harm, and all harm to their personal and professional reputations and damage to their careers; 2. An award of punitive damages; 3. An award of costs that the plaintiffs have incurred in this action, as well as the plaintiffs' reasonable attorneys' fees to the fullest extent permitted by law; and 4. Such other and further relief as the Court may deem just and proper. Dated New York, New York October 27, 2016 Yours, etc. ROBERTS & ROBERTS, ESQS. Attomeys for Plaintiffs 401 Broadway New York, N.Y (212)

7 SUPREME COURT OF THE STATE OF NEW I COUNTY OF NEW YORK John Woodward et al X - Plaintiff/Petition Index Nira Levine et al Defendant/Responde.X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR 2111 and Uniform Rule bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney An attorney representing a party who is served with this notice must either 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing Parties not represented by an attorney Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant Page 1 of 2 EFM-1

8 I For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www. nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone ; efile@nycourts.gov).. Dated 10/27/2016 Signature MICHAEL J ROBERTS Name Firm Name 401 Broadway Address New York, NY City, State, and Zip Phone michaelrobertsesq@msn.com To 9/3/15 Index Page 2 of 2 EFM-1

9 SUPREME COURT STATE OF NEW YORK, COUNTY OF NEW YQRK Index No. Year 2016 JOHN WOODWARD, KRISTINE WOODWARD and G.O.L.A d/b/a WOODWARD GALLERY Plaintiffs, NIRA LEVINE and NLR UNLIMITED, INC., Defendants. SUMMONS AND COMPLAINT ROBERTS AND ROBERTS Attorney(s)for Plaintiffs. Ofice and Post 0.gice Address, Telephone 401 BROADWAY NEW YORK, NEW YORK Fax No â To Signature (Rule a) Printnamebeneath Michael J. Roberts Service of a copy of the within is hereby admitted. Attorney(s) for PLEASE TAKE NOTICE O NOTICE OF ENTRY that the within is a (certifted) true copy of a duly entered in the office of the clerk of the within named court on O NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named Court, at