A Delaware judge has been asked to settle a feud among the directors of a foundation established by Cy Twombly, the American artist who died in 2011. The complaint, which was filed in the Chancery Court in Wilmington last week, asks the judge to appoint a custodian to “break an ongoing deadlock among the Foundation’s divided, four-person board of directors,’’ according to court papers.
Two of the board members â€" Nicola del Roscio, the foundation’s president, and Julie Sylvester, a museum curator â€" believe that the foundation’s treasurer, Thomas Saliba, has been paying himself unauthorized fees with the knowledge of Ralph Lerner, a lawyer who is also a board member. The court papers, filed by Mr. Lerner, asked that Twombly’s son, Alessandro, be asked to join the board. Mr. Lerner, who has sided with Mr. Saliba, claims that there is no one left t manage the foundation’s financial assets.
Mr. Lerner declined to comment on the case, referring all questions about it to Matt Neiderman, a Delaware-based lawyer he has hired to represent him. Mr. Neiderman, reached by telephone on Wednesday afternoon, also declined to comment.
David R. Baum, a lawyer who was hired by the foundation several months ago, said in an e-mail message on Wednesday, “The foundation recently discovered that its treasurer has been paying himself unauthorized investment fees. Mr. Lerner, who was apparently aware of the fees, is rushing to the court in an unwise and unfortunate attempt to obstruct disciplinary action. We will file the appropriate responsive papers in March.’’
