Legal Opinion
In re the Application to Quash Grand Jury Subpoena Duces Tecum
New York Supreme Court
Decided May 13, 1998PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Laura E. Drager, J.
The Museum of Modern Art (the Museum) moves to quash a Grand Jury subpoena issued by the New York County District Attorney (the People) for two paintings by the Austrian artist Egon Schiele, “Portrait of Wally” and “Dead City III” (the Paintings).1
The court must decide if the Paintings are exempt from Grand Jury process under section 12.03 of the New York Arts and Cultural Affairs Law. Even if the New York law applies, the court must then decide if the Federal statute, the Immunity From Seizure Act, 22 USC § 2459 (the IFSA), preempts the State law with…
2Cases cited46 opinions
- United States v. JacobsenSupreme Court of the United States · 1984
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Branzburg v. HayesSupreme Court of the United States · 1972
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
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3Cited by1 opinion
- In re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern ArtAppellate Division of the Supreme Court of the State of New York · 1999