NEW YORK—A lawsuit involving a disputed Warhol will go forward after a judge dismissed the defendant’s request for a summary judgment, the New York Sun reports.

The suit pits two artists against each other: the sculptor John Chamberlain, who once owned the disputed work, and the photographer, filmmaker, and former Warhol assistant Gerard Malanga, who claims that the piece is in fact by him.

According to Malanga’s suit, he created the work, 315 Johns, in 1971 with the help of the artists Jim Jacobs and Irene Harris. Jacobs held onto the piece and stored it with Chamberlain, who eventually assumed possession of it. In 2000, Chamberlain submitted the work to the Andy Warhol Art Authentication Board, which declared it to be a genuine Warhol. In 2004, Chamberlain sold the piece for $5 million.

In an August 13 judgment, Martin Schneier of the New York Supreme Court sided with Malanga, ruling that the judgment of the Warhol authentication board has no legal standing. He also dismissed Chamberlain’s claims that he cannot return the work to Malanga because it has been sold and that the suit was barred by the statute of limitations.  

Five days later, Malanga filed an amended complaint requesting that Chamberlain either return the work or, in the event that it has been sold, award Malanga punitive damages "in excess of the amount by which [the] Defendant defrauded an innocent third party," that is, at least the $5 million Chamberlain allegedly sold it for. (In the complaint, Malanga lists the work's value as $250,000.)