The following condition report has been provided by Alain Goldrach, 122 East 92nd St., New York, 212-517-5946, an independent restorer who is not an employee of Sotheby's. The painting has been relined in the back with glue, and even though the painting was not flattened, some deformation in the surface has remained, especially at the top. There is some damage in the hair of the bather and along the upper edge, below the frame. Under ultraviolet light there is another small retouch above and next to the bather's proper left breast. Otherwise the painting bears no other retouches. The varnish coating is somewhat discolored and the painting would benefit from cleaning and tidying up.
In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective qualified opinion.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING CONDITION OF A LOT, ALL LOTS ARE OFFERED AND SOLD "AS IS" IN ACCORDANCE WITH THE CONDITIONS OF SALE PRINTED IN THE CATALOGUE.

Hitherto unpublished, the present painting was executed circa 1724/25. It can be related to two other versions of The Bather, the first one in a private collection in Texas¹ and the second one in the Hermitage, St. Petersburg (see fig. 1).  There is also a drawn study of the composition in the Louvre, Paris (inv. no. 30512).

According to Jean-Luc Bordeaux, this canvas, on a much smaller scale than the other two versions, is actually much closer to the painting in the Hermitage. It appe🎉ars to be the artist's first conception of the composition, painted with great spontaneity, but fully thought out and well executed.  The main difference here lies in the light and the thin veil which is hiding part of the figure's right arm, emphasizing her sensuality.  Le Moyne's style is most evident in hi🃏s technique of painting the hair and flesh of this young woman.

We are grateful to Jean-Luc Bordeaux for confirming the attribution to Le Moyne on the basis of photographs. The painting will be included in his forthcoming Catalogue Raisonné of the artist currently in preparation.

1  See J. L. Bordeaux, François Le Moyne and his generation, 1688-1737, Hamburg 1981, p. 95, no. 48.