Legal Opinion
In Re the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art
New York Court of Appeals
Decided September 21, 1999PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
More than half a century ago, Nazis confiscated Jewish-owned artwork throughout Europe. Much of this artwork vanished during the war, but ultimately found its way into museums around the world; other pieces became part of private collections.
In this case we must determine whether Arts and Cultural Affairs Law § 12.03, which protects the artwork of nonresident lenders from “any kind of seizure” while on exhibit in New York State, encompasses a subpoena duces tecum requiring production of two paintings by Egon Schiele on loan to the Museum of Modern Art in New York…
2Cases cited8 opinions
- United States v. JacobsenSupreme Court of the United States · 1984
- Hale v. HenkelSupreme Court of the United States · 1906
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Tompkins v. . HunterNew York Court of Appeals · 1896
- In re Grand Jury Subpoenas for Local 17, 135, 257 & 608 of United Brotherhood of Carpenters & Joiners of AmericaNew York Court of Appeals · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- BAKALAR v. VavraDistrict Court, S.D. New York · 2011
- United States v. Portrait of WallyDistrict Court, S.D. New York · 2009
- United States v. Portrait of WallyDistrict Court, S.D. New York · 2000
- In re June S.New York City Family Court · 2000
- Koeniges v. WoodwardCivil Court of the City of New York · 2000
14 more not listed; retrieve them via the Exa API.