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DeWeerth v. Baldinger (II)

United States District Court for the Southern District of New York
804 F. Supp. 539 (1992)


DeWeerth (plaintiff) owned a painting by Claude Monet that was stolen from her in 1945. It was eventually purchased in 1957 by Baldinger (defendant) from a New York auction house. DeWeerth sued Baldinger in the United States District Court for the Southern District of New York in order to recover her painting. The district court, after a bench trial, ruled in favor of DeWeerth and ordered the painting returned. Baldinger appealed to the United States Court of Appeals for the Second Circuit and was successful. There, the court ruled that the action violated New York’s statute of limitations. Four years after the original appeal, the New York Court of Appeals, the highest state court in New York, overruled the Second Circuit. DeWeerth brought a motion before the United States District Court for the Southern District of New York under Rule 60(b)(6) of the Federal Rules of Civil Procedure, seeking the court to provide relief from the final judgment in the previous case.

Rule of Law


Holding and Reasoning (Broderick, J.)

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