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MENZEL v. LIST

24 N.Y.2d 91 (1969)

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

Court of Appeals of the State of New York.

Decided February 26, 1969.

Attorney(s) appearing for the Case

George A. Raftery, Edmund C. Grainger, Jr. and Rudolph H. Bruer for defendant-appellant and third-party plaintiff-respondent.

Gilbert S. Edelson for Klaus G. Perls and another, third-party defendants-appellants.

Judges SCILEPPI, BERGAN, BREITEL and JASEN concur; Chief Judge FULD and Judge KEATING taking no part.

BURKE, J.

In 1932 Mrs. Erna Menzel and her husband purchased a painting by Marc Chagall at an auction in Brussels, Belgium, for 3,800 Belgian francs (then equivalent to about $150). When the Germans invaded Belgium in 1940, the Menzels fled and left their possessions, including the Chagall painting, in their apartment. They returned six years later and found that the painting had been removed by the German authorities...

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