Tort /acte illicite
Chagall Gouache – Solomon R. Guggenheim Foundation and Lubell
In 1993, the Guggenheim Foundation, Mrs. Rachel Lubell, and other interested parties reached a settlement regarding a Marc Chagall painting that had been stolen from the Museum and purchased by Mrs. Lubell almost thirty years prior. Though a trial court had originally held the Guggenheim’s suit seeking recovery was time-barred, the Appellate Division reversed the lower court’s decision and clarified New York’s “demand and refusal” rule. On remand, the parties settled just one day after the new trial began.
Three Grosz Paintings – Grosz Heirs v. Museum of Modern Art
In April of 2009, after a decade-long search for artworks lost during Nazi persecution, George Grosz’s legal heirs brought action against the Museum of Modern Art, seeking declaration of title and replevin as to three of the artist’s paintings in the Museum’s possession, and requesting damages for their unlawful conversion. Holding that the action was time-barred by the statute of limitations, the District Court granted the museum’s motion to dismiss. The Court of Appeals for the Second Circuit in New York affirmed the order on appeal, and the United States Supreme Court denied the Heirs’ writ of certiorari.
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