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MATTER OF FLAMENBAUM

No. 178.

22 N.Y.3d 962 (2013)

1 N.E.3d 782

978 N.Y.S.2d 708

In the Matter of the Estate of RIVEN FLAMENBAUM, Deceased. VORDERASIATISCHES MUSEUM et al., Respondents. HANNAH K. FLAMENBAUM, as Executor of RIVEN FLAMENBAUM, Deceased, Appellant.

Court of Appeals of New York.

Decided November 14, 2013.

Attorney(s) appearing for the Case

Jaspan Schlesinger LLP, Gaden City ( Steven R. Schlesinger , and Seth A. Presser of counsel), for appellant.

Dunnington, Barthlow & MIller LLP, New York City ( Raymond J. Dowd , Luke A. McGrath and Robert F. Dannhauser of counsel), and Hamburger, Weinschenk & Fisher ( John C. Fisher of counsel for Vorderasiatisches Museum, respondent.

Andrews Kurth, LLP, New York City ( Joseph A. Patella of counsel) and Andrews Kurth, LLP, Washington, D.C. ( Thomas R. Kline Roussin of counsel), and Law Offices of Lucille A. Roussin ( Lucille A. Roussin of counsel) for Archaeological Institute of America and others, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question should be answered in the affirmative.

In this probate proceeding, the Vorderasiatisches Museum in Berlin, Germany (the Museum), seeks to recover a 3,000-year-old gold tablet from the estate of Riven Flamenbaum (the Estate). The tablet was first discovered prior to World War I by a team of German archeologists excavating...

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