148 A.D.3d 184, 46 N.Y.S.3d 608, 2017 N.Y. Slip Op. 01168

The painting “Seated Man with a Cane” by Amedeo Modigliani (1918) was owned by Oscar Stettiner. Mr. Stettiner was a Jewish art collector who abruptly fled Paris during the Nazi invasion. His art collection was sold by the Nazis. The painting ended up in the possession of Mr. Van der Klip. In 1996, his family sold the painting to IAC, Inc. for 3.2 million dollars. The painting remained in storage until 2008 when it was placed for auction with Sotheby’s. There were no bids for the painting, and it remained in storage until April of 2016 when possession of the painting was taken by the Swiss authorities.

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Appellate Division Opinion

77 N.Y.2d 311, 569 N.E.2d 426, 567 N.Y.S.2d 623 (1991)

In 1912, Marc Chagall painted, “Le Marchand de Bestiaux,” (“The Cattle Dealer,” when translated). The painting was sold to Mrs. Rachel Lubell and her spouse in May of 1967 for $17,000.00. In 1985, a former employee of the Guggenheim Museum saw a transparency of the painting. He recognized the painting as a piece from the collection at the Guggenheim that had disappeared in the late 1960s. The date the Museum discovered the painting was missing is approximately 1970. The museum director sent Mr. and Mrs. Lubell a letter in 1985 demanding the return of the painting. Mrs. Lubell refused, and the Guggenheim filed a lawsuit.

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Court of Appeals Opinion

253 A.D.2d 211 (1999)

Lea Bondi Jaray, a Jewish woman, was forced to flee her home in Austria with nothing more than she could carry. She left behind one of her most precious assets, a painting entitled, “Portrait of Wally” by Egon Shiele. Her painting was taken from her by the Nazi regime. Prior to her death, she attempted to recover the painting, but to no avail. Her nephew, Henry Bondi, attempted to recover the painting in 1997 while it was on exhibit in New York on loan, from the Leopold Foundation, at the Museum of Modern Art. The museum did not return the painting and on January 7, 1998, the Manhattan District Attorney served MoMA with a subpoena demanding the return of the paintings. The Museum refused and filed suit to invalidate the subpoena.

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Appellate Division Opinion

Court of Appeals Opinion