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GUGGENHEIM FOUND. v. LUBELL

77 N.Y.2d 311 (1991)

Solomon R. Guggenheim Foundation, Respondent, v. Mrs. Jules Lubell, Appellant. (And Third- and Fourth-Party Actions.)

Court of Appeals of the State of New York.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Norman A. Senior, Harry Torczyner and Gary B. Friedman for appellant.

Jeffrey Barist, F. Ellen Zeifer and Glenn M. Kurtz for respondent.

Janis Ettinger, Franklin Feldman and Brian M. Cogan for International Foundation for Art Research, amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Chief Judge WACHTLER.

The backdrop for this replevin action (see, CPLR art 71) is the New York City art market, where masterpieces command extraordinary prices at auction and illicit dealing in stolen merchandise is an industry all its own. The Solomon R. Guggenheim Foundation, which operates the Guggenheim Museum in New York City, is seeking to recover a Chagall gouache worth an estimated $200,000. The...

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