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MENZEL v. LIST

49 Misc.2d 300 (1966)

Erna Menzel, Plaintiff, v. Albert A. List, Defendant and Third-Party Plaintiff, Klaus G. Perls et al., Trading under the Name of Perls Galleries, Third-Party Defendants.

Supreme Court, Special and Trial Term, New York County.

February 10, 1966

Attorney(s) appearing for the Case

Peaslee, Brigham, Albrecht & McMahon (Amos J. Peaslee, Jr., and Gerald J. McMahon of counsel), for plaintiff. Allan D. Emil and Melvin A. Albert for third-party defendants. O'Brien, Driscoll & Raftery (George A. Raftery and John Drew of counsel), for defendant and third-party plaintiff.

ARTHUR G. KLEIN, J.

This action in replevin was tried to the court and a jury. Plaintiff sought to recover a painting by Marc Chagall, which she and her husband had left in their apartment in Brussels when they fled in March, 1941, before the oncoming Nazis.

Treated by the Nazis as "decadent Jewish art", the painting was seized by the "Einsatzstab der Dienststellen des Reichsleiters Rosenberg" on or...

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