Legal Opinion

Grosz v. Museum of Modern Art

District Court, S.D. New York

Decided March 3, 2010No. 09 Civ. 3706(CM)(THK)PublishedCited by 17 opinions

1Opinion of the Court

DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE COMPLAINT

MeMAHON, District Judge:

INTRODUCTION

George Grosz was an early twentieth-century German artist and prominent member of a movement known as the Berlin Dada and New Objectivity Group. His artwork, consonant with the larger movement, was strongly anti-totalitarian and therefore anti-Nazi. (See First Am. Compl. (“Complaint”), May 28, 2009, ¶¶ 2-3.)

Grosz’s son and daughter-in-law, Martin and Lilian Grosz (plaintiffs in this lawsuit), explain that, although Grosz was not Jewish, his work “typified” the kind of “ ‘degenerate’ art…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Rothman v. GregorCourt of Appeals for the Second Circuit · 2000
  4. Roth v. JenningsCourt of Appeals for the Second Circuit · 2007
  5. Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000

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3Cited by17 opinions

  1. Lia v. SaporitoDistrict Court, E.D. New York · 2012
  2. Polanco v. NCO Portfolio Management, Inc.District Court, S.D. New York · 2015
  3. Dist. Attorney of N.Y. Cnty. v. Republic of the Phil.District Court, S.D. Illinois · 2018
  4. Marvel Worldwide, Inc. v. KirbyDistrict Court, S.D. New York · 2010
  5. Swain v. BrownAppellate Division of the Supreme Court of the State of New York · 2016

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