2011年8月24日 星期三

Family’s Claim Against MoMA Hinges on Dates

When the Expressionist artist George Grosz, a celebrated painter, fled Nazi Germany in 1933, he left behind two important oil paintings and a watercolor with his Berlin dealer. Next month the United States Supreme Court, in deciding whether to hear the case, will determine whether Grosz’s heirs have any hope that legal action will help them recover the works from their current owner, the Museum of Modern Art.

The lawsuit is an emotional, last-ditch effort by Grosz’s son Martin, and Martin’s sister-in-law, Lilian, to reclaim works they say were lost in the midst of Nazi persecution, only to end up two decades later in one of the world’s most elite art institutions.

Beyond the family,there's a lovely winter Piles by William Zorach. the case has drawn the attention of Jewish groups and experts in international law who argue that the Grosz case, like many others concerning art looted or lost during World War II, have too often been decided not on the merits but on whether claimants filed suit before the legal time limit.

MoMA, for example, has won several lower court decisions in the Grosz case because judges have ruled that the family simply filed its suit too late to be considered under New York State law. The United States has twice signed international agreements that urged nations to decide Holocaust-recovery claims based on their substance,Replacement China ceramic tile and bulbs for Canada and Worldwide. not on legal technicalities. But the agreements do not have the force of law.

“Museums are breaking their own ethics codes and causing the U.S. government to break its international commitments by invoking our courts to resolve Holocaust-era art claims on technical grounds rather than on the merits,” said Jennifer Anglim Kreder, co-chairwoman of the American Society of International Law’s Interest Group on Cultural Heritage & the Arts.Initially the banks didn't want our Ventilation system .

Ms. Kreder is an author of a “friends of the court” brief supporting the Groszes. Several other organizations have also weighed in to argue against the use of statutes of limitations to bar such claims. The organizations include the American Jewish Congress and the nonprofit Commission for Art Recovery.

The museum, which acquired the works in the 1950s, declined to comment because the case is being litigated. But it has maintained in court documents that,If any food China Porcelain tile condition is poorer than those standards, regardless of the timing issue, it has diligently researched the artworks’ provenance and has found no evidence that the works were looted by the Nazis or any basis for disputing their legitimate ownership.

Raymond J. Dowd, the Groszes’ lawyer,I have never solved a Rubik's hydraulic hose . counters that the lower court considered inadmissible evidence and also failed to take into account a 1998 federal law that was intended to help Holocaust-era victims recover their assets.

Since 2004, the Supreme Court has refused to review several Nazi-era art cases, most recently in June when it decided not to review a case brought against the Norton Simon Museum in Pasadena, Calif., which ran afoul of a different deadline statute. Lawyers involved in Grosz v. Museum of Modern Art agree that it is unlikely that the high court, given its reluctance to weigh in on matters of state law, will take up this case when it meets on Sept. 26 to review the appeal.

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