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SCHOEPS v. ANDREW LLOYD

327.

66 A.D.3d 137 (2009)

884 N.Y.S.2d 396

JULIUS H. SCHOEPS, Appellant, v. THE ANDREW LLOYD WEBBER ART FOUNDATION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2009.

Attorney(s) appearing for the Case

Byrne Goldenberg & Hamilton, PLLC, Washington, D.C. (John J. Byrne, Jr., of counsel), and Bressler, Amery & Ross, P.C., New York City (David H. Pikus and David Smitham of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York City (Carey R. Ramos, Darren W. Johnson and Robert C. Schuwerk of counsel), for respondent.

GONZALEZ, P.J., CATTERSON, MOSKOWITZ and RENWICK, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

The genesis of this litigation occurred in 1935 in pre-war Germany, when Paul von Mendelssohn-Bartholdy, a German-Jewish banker, was allegedly forced to sell a valuable Picasso painting to a German art dealer. The issue before this Court is whether plaintiff Julius Schoeps, a German national, may pursue his claim against defendant, which acquired the painting in 1995, without first being appointed a representative of Bartholdy...

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