Tag: HEAR Act

In the News: Austrian Performer’s Heirs Found to Have Superior Right to Looted Schiele Works

…Under New York law, Nagy could only receive good title to the artworks from a seller with good title to give. Since no evidence was presented to show anyone involved in the sale of the works since Grünbaum’s death had good title, Nagy was unable to prove he held title superior to the heirs…

Die deutsche Übersetzung des Artikels befindet sich am Ende des Posts.

20190823 New York Appellate Court Upholds Purpose of HEAR Act_ Austrian Performer’s Heirs Found to Have Superior Right to Looted Schiele Works _ Institute of Art and Law
20190823New York Berufungsgericht unterstützt das Ziel des HEAR Act -de

Descendants of Holocaust victim win monumental Nazi-looted art case

Two Schiele paintings will be returned to the heirs of Fritz Grunbaum, a holocaust victim and broadway star of his time

NEW YORK, NY – Today, in a landmark decision by Justice Charles E. Ramos, the heirs of Holocaust victim Fritz Grunbaum were awarded title to two Nazi-looted artworks, Woman in a Black Pinafore and Woman Hiding her Face, by the artist Egon Schiele. The case, Reif vs. Nagy, has been winding its way through the courts since November 2015 when attorney Raymond Dowd requested the artworks be returned to Grunbaum’s heirs, including Timothy Reif,  after they were discovered in Mr. Nagy’s booth at the Salon Art + Design Show at the Park Avenue Armory in New York City.

“This is an important victory in what is probably the most important art case of the late 20th century,” said Attorney Raymond Dowd, partner at Dunnington, Bartholow, & Miller LLP. “It is a victory for Holocaust victims, their families, and all those who fought and died to undo the evils of Nazism. This decision brought us a step closer to recovering all of the culture that was stolen during the largest mass-theft in history which, until now, has been overshadowed by history’s largest mass-murder.”

Fritz Grünbaum, an Austrian-Jewish songwriter, director, actor, and master of ceremonies who openly mocked Hitler, performed musicals and plays for his fellow prisoners in the Dachau concentration camp until 1941, when he died penniless in captivity. His extensive collection, totaling 450 pieces, 80 of which were Schiele artworks, was looted in its entirety by Nazi agents in 1938. The two Schiele paintings in question have been housed in a fine art storage facility in Queens, NY since court proceedings began in 2015.

“Today, my family has regained a part of its history that was stolen by the Nazi Regime. We are overjoyed and thankful that Justice Ramos has helped us protect the legacy of Fritz Grunbaum, who was a performer of exceptional courage and talent, and realized the moral and legal importance of returning Nazi-looted art to its rightful heirs,” said Timothy Reif, executor and heir to the Grunbaum estate. “These paintings help us remember and honor the lives of those we love and help us preserve Jewish culture that the Nazi’s tried so hard to destroy.”

Despite defendant Richard Nagy’s best efforts to argue that the case fell outside of the statute of limitations that one can claim stolen art, and that the HEAR Act did not apply to this case, Judge Ramos adamantly disagreed. Justice Ramos explains in the decision, “Although defendants argue that the HEAR Act is inapplicable, this argument is absurd, as the act is intended to apply to cases precisely like this one, where Nazi-looted art is at issue. Since plaintiffs discovered the Artworks in November of 2015, their action is timely under the HEAR Act.”

Grunbaum’s art collection grabbed international headlines in 1998 when New York District Attorney Robert Morgenthau seized Egon Schiele’s Dead City from New York’s Museum of Modern Art.  The Morgenthau seizure made Grunbaum’s estate a cause celebre leading to changes in the way Austria and other European countries process claims involving art looted from Holocaust victims. Justice Ramos’ decision has ended a controversy that has raged since the 1998 Morgenthau seizure and provided justice for Holocaust victims and their heirs.

Full decision attached.

161799_2015_Timothy_Reif_et_al_v_Richard_Nagy_et_al_DECISION___ORDER_ON_288

 

Brief Amicus Curiae

Brief Amicus Curiae on Behalf of The American Jewish Committee, Omer Bartov, Michael Bazyler, Haim Beliak, Michael Berenbaum, Donald Burris, Judy Chicago, Richard Falk, Hector Feliciano, Eugene Fisher, Irving Greenberg, Peter Hayes, Douglas and Marjorie Kinsey, Douglas Kmiec, Marcia Sachs Littell, Hubert Locke, Carrie Menkel-Meadow, Bruce Pauley, John Pawlikowski, Carol Rittner, John Roth, Randol Schoenberg, William Shulman, Stephen Smith, Alan Steinweis, Melvyn Weiss, Donald Woodman, and Jonathan Zatlin, in Support of Plaintiffs-Respondents.

On December 16, 2016, President Obama signed into law the Holocaust Expropriated Art Recovery Act of 2016 (the “HEAR Act”), which passed both the House and Senate unanimously. Amici have particular interests implicated by the HEAR Act, which are set forth in Appendix A. None of the Amici has any financial or economic interest in the outcome of this appeal.
Amici underscore one specific way in which Nazis victimized Jews: robbery on a grand scale. The grand larceny should not be overlooked merely because mass murder was the foulest crime perpetrated by the Nazi conspirators…

…In Part I of the brief, we suggest that the HEAR Act does exactly what the Washington Principles and the Terezín Declaration failed to accomplish: provide binding legal language enabling fair and just resolution of conflicts over Recovery of Holocaust Expropriated Art. In Part II, we explain how the HEAR Act intersects with various technical defenses in this case focused on two pieces of art that were indisputably the property of Fritz Grunbaum.

Full Amicus Brief