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DeWEERTH v. BALDINGER

Nos. 165, 296, Dockets 87-7392, 87-7402.

836 F.2d 103 (1987)

Gerda Dorothea DeWEERTH, Plaintiff-Appellee, v. Edith Marks BALDINGER, Defendant-Third-Party-Plaintiff-Appellant, v. WILDENSTEIN & CO., INC., Third-Party-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Leslie Gordon Fagen, New York City (Edward M. Sills, Paul, Weiss, Rifkind, Wharton & Garrison, New York City on the brief), for defendant-third-party-plaintiff-appellant.

Jeremy G. Epstein, New York City (Charles M. Lizza, Kenneth A. Freeling, Robert Y. Lewis, Shearman & Sterling, New York City on the brief), for third-party-defendant-appellant.

Joseph D. Becker, New York City (Fox & Horan, Becker Glynn & Melamed, New York City on the brief), for plaintiff-appellee.

Before FEINBERG, Chief Judge, NEWMAN and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns a dispute over ownership of a painting by Claude Monet that disappeared from Germany at the end of World War II and has been in the possession of a good-faith purchaser for the last 30 years. The appeal presents primarily the issue whether New York law, which governs this dispute, requires an individual claiming ownership of stolen personal property to use due diligence in trying to locate the property in order to...

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