Grosz v. Museum of Modern Art

George Grosz was a member of an anti-totalitarian, anti-Nazi art movement who was forced to flee Germany after Hitler came to power. Three of Grosz’s paintings were ultimately purchased by or gifted to the Museum of Modern Art (MoMA) (defendant). In 2003, Grosz’s estate asked MoMA to return the paintings. MoMA hired researchers to study the paintings’ provenance. By letter dated July 20, 2005, MoMA’s director notified the estate that study of one painting’s provenance argued in favor of MoMA’s title, but he had suggested the possibility of shared ownership until more evidence about the painting’s history emerged, and restitution of the other two paintings would not be appropriate at that time. The letter invited Grosz’s son and daughter-in-law (the Groszes) (plaintiffs) to meet with MoMA that fall. MoMA retained the paintings. On April 12, 2006, MoMA notified the Groszes that its board had accepted an attorney’s conclusion that MoMA was not obligated to and should not return the paintings. On April 10, 2009, the Groszes sued MoMA for conversion and replevin. MoMA moved to dismiss the complaint as time-barred. The Groszes argued that MoMA did not refuse their demand until April 12, 2006, and even if the statute of limitations started running on July 20, 2005, the limitations period should have been equitably tolled during the negotiations between 2003 and April 12, 2006.