Legal Battle Over 5Pointz Continues

A lawsuit over the destruction of graffiti at the former landmark known as 5Pointz is going to trial.

A Brooklyn judge cleared the way Friday for artists to make their case, despite the developer's attempt to have the case dismissed. 

Developer Jerry Wolkoff allowed artists to paint on the walls of the building for more than two decades, but he said they always knew he'd someday develop the site, which encompasses a full block in Long Island City. 

"They knew it wasn't a permanent thing. They knew it was temporary," Wolkoff said. "I just don't understand it."

Lawyer Eric Baum, who is representing about 20 artists in the suit, said they have a case. Baum said Wolkoff failed to give the artists proper written notice 90 days before he had the building whitewashed to prepare for demolition.

"Had the appropriate notice been provided, they could have taken steps to remove the art from the building, they could have taken steps to have better photographed and videotaped the art, they could have preserved the art," he said.

In an editorial in the publication Artsy this week, lawyer Jessica Meiselman called the ruling a major win for the artists, who now have to submit a list of artwork they believe should be protected under the Visual Artists Rights Act. But Meiselman said they'll still have to prove their work achieved a "recognized stature" in the art world, which is especially tough because of the turnover of the pieces at 5Pointz.

"Given that it's been changing for 30 years or so, it may be difficult to just pin down the artworks that they want to get damages from," she said. 

A trial date for the case is expected to be set at a hearing next week. 

With additional reporting by Danny Lewis.