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FLAUM v. GREAT NORTHERN INS.

8301/2009.

28 Misc.3d 1042 (2010)

904 N.Y.S.2d 647

MITCHEL FLAUM et al., Individually and as Trustees of the Trust under the Will of ERNA STERN for the Benefit of CONSTANCE FLAUM, Plaintiffs, v. GREAT NORTHERN INSURANCE COMPANY et al., Defendants.

Supreme Court, Westchester County.

Decided June 24, 2010.

Attorney(s) appearing for the Case

Rosner Nocera & Ragone, LLP, New York City, for defendants.

Oxman Tulis Kirkpatrick Whyatt & Geiger, LLP, White Plains, for plaintiffs.

OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Factual and Procedural Background

In 1976 plaintiffs, Mitchel and Constance Flaum, purchased at auction from Sotheby's Parke-Bernet a "Renoir" painting for $50,000 which has hung in their primary residence ever since. The Renoir is currently owned by plaintiff Trust under the Will of Erna Stern for the Benefit of Constance Flaum.

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