U.S. District Court District of Connecticut courthouse in New Haven. Photo: Google

A federal lawsuit alleges a Greenwich man engaged in "statutory theft" by refusing to return a Jackson Pollock artwork reportedly worth $175,000.

The lawsuit, filed July 22 in U.S. District Court in Connecticut, alleges "The Collage" was created by the famed artist in 1943 and was purchased from a New York art gallery in 1978 by Mary Mochary, the mother of California plaintiff Matthew Mochary.

The lawsuit states Mary Mochary would loan the artwork to various institutions in the United States and around the world. It also said Mary Mochary began gifting her son fractional shares of ownership of the piece until her son had complete ownership in 2012.

Under a loan agreement with the Kasser Foundation, both Mocharys agreed to lend the artwork to the foundation, who then loaned the piece to various entities, including the Museum der Moderne in Salzburg, Austria, and the Tuscon Museum of Art in Arizona.

After a loan to an art museum in Florida ended in 2016, the lawsuit said the piece was loaned to Alexandra Bergstein, also known as Alexandra Kasser, a family member of the Kasser Foundation. The loan was contingent that the art be insured and properly cared for.

In 2019, Alexandra Bergstein began divorce proceedings against her husband, Seth Bergstein, a top executive at Morgan Stanley. Alexandra Bergstein, as part of the divorce agreement, no longer lives with her husband in Greenwich, where the artwork remains.

On May 4, the lawsuit says, Matthew Mochary notified Seth Bergstein he wanted the artwork back within 30 days. Bergstein, the lawsuit says, not only didn't return the Pollock piece but also hasn't maintained it in a safe manner.

The lawsuit claims Bergstein "is storing or displaying the piece in direct sunlight and is not regulating the temperature or humidity of the environment, subjecting the collage to sharp fluctuations of temperature and humidity."

The lawsuit says Mochary "has the right to immediate possession" of the artwork.

Art expert Wendy Battleson, who is not involved in the litigation, said it's quite common for art owners to loan their pieces to museums and art exhibits, but not to private individuals.

Battleson, an art law attorney with Sanborn & Battleson, had previously worked for 10 years at Christie's Inc., most recently as its senior vice president and global head of art finance.

Battleson said Monday, "I don't understand why this piece was loaned to an individual. It's very odd that it went to a museum and then back to a private house. There is no real benefit to the owner of having it sit in someone's home."

Battleson said the plaintiff "absolutely has a good case here. The challenge is does he have proof he is the owner. There does not seem to be any reason for Mr. Bergstein to still retain it."

Battleson said having art displayed or loaned helps drive up the value of the piece.

Battleson continued: "Typically, when a piece of art is loaned there is a condition report drafted by an art expert. It details everything about the painting in terms of colors, repair work, etc. If it comes back in a different condition, the insurance company would determine the loss in value based on damages."

Representing the plaintiff are Steven Frederick and Zachary Phillipps, both with Wofsey, Rosen, Kweskin & Kuriansky. Neither attorney responded to a request for comment Monday.

As of Monday afternoon, Bergstein had not retained an attorney. Bergstein has an unlisted telephone number and couldn't be reached for comment.

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