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GUGGENHEIM FOUND. v. LUBELL

153 A.D.2d 143 (1990)

Solomon R. Guggenheim Foundation, Appellant, v. Jules Lubell, Respondent. (And Third- and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

January 25, 1990

Attorney(s) appearing for the Case

Jeffrey Barist of counsel (F. Ellen Zeifer and Helena M. Tavares with him on the brief; White & Case, attorneys), for appellant.

Gary B. Freidman of counsel (Norman A. Senior with him on the brief; Greenfield Eisenberg Stein & Senior, and Harry Torczyner, attorneys), for respondent.

SULLIVAN, J. P., CARRO, MILONAS and ELLERIN, JJ., concur.

WALLACH, J.

The action is one to recover a chattel pursuant to CPLR article 71, often referred to as "replevin" (see, Siegel, NY Prac § 337, at 411). It is brought by a museum and involves a watercolor painting, or gouache, claimed to be worth $200,000, and done by Marc Chagall in 1912 as a study for his oil painting of the same subject entitled Le Marchand de Bestiaux (The Cattle Dealer)...

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