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Case Summary

Lehman Foundation, Inc. v. Zirkl / Bar v. Portrait of the Artist’s Wife

Robert Owen Lehman Found. v. Zirkl, sub nom. Robert Owen Lehman Found. v. Israelitische Kultusgemeinde Wien, No. E2019008883 (N.Y. Sup. Ct. Jan. 14, 2020), granting IKG's mot. to dismiss, No. E2019008883(N.Y. Sup. Ct. Apr. 14, 2021), denying summary judgment, No. E2019008883(N.Y. Sup. Ct. Jan. 7, 2022), granting in part mot. for summary judgment, No. E2019008883(N.Y. Sup. Ct. Sept. 7, 2022), denying summary judgment, No. E2019008883 (N.Y. Sup. Ct. Jan. 30, 2024); Bar v. Portrait of the Artist’s Wife, No. 159666/2019 (N.Y. Sup. Ct. Jan. 15, 2020).

Précis
The Robert Owen Lehman Foundation tried to reach an agreement with all parties outside court, but the IKG refused to negotiate with the Rieger heirs. This prompted the Foundation to file a declaratory judgment action with the Monroe County Supreme Court in Rochester, NY in September 2019, asserting that none of the counterparties (Mr. Bar, the Rieger Trust, Ms. Zirkl, or the IKG) had valid claims and asked the court to declare it the sole owner of the gouache.

Ms. Zirkl filed a motion to dismiss, stating that...


Associated Legal Decision(s)
Associated Statutes and/or Legislation




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