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WERTHEIMER v. CIRKER'S HAYES STORAGE WAREHOUSE, INC.

300 A.D.2d 117 (2002)

752 N.Y.S.2d 295

ALAIN WERTHEIMER, Appellant, v. CIRKER'S HAYES STORAGE WAREHOUSE, INC., Defendant, and PASCAL BODHISATTVA, INC., Doing Business as PASCAL DE SARTHE FINE ART, Respondent. (And a Third-Party Action.)

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

Decided December 17, 2002.

In this replevin action, plaintiff seeks to recover from defendant art gallery (de Sarthe) a painting formerly owned by plaintiff's grandfather that was allegedly misappropriated and sold by the person (Ehrlich) to whom the Wertheimer family entrusted it when they fled the Nazi occupation of France. Although the Wertheimers had the painting included on a list of stolen artworks published by the French government in 1947, the record...

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