In the Matter of the Grand Jury Subpoena Duces Tecum Served on the Museum of Modern Art
New York Court of Appeals
93 N.Y.2d 729 (1999)
- Written by Margot Parmenter, JD
Facts
During World War II, Nazis stole many Jewish-owned artworks that later found their way into museums and private art collections around the world. At the end of the twentieth century, a spate of criminal and civil litigations attempting to restore these artworks to their rightful owners ensued. One such litigation involved two artworks by Egon Schiele that were loaned to the Museum of Modern Art (the museum) in New York by the Leopold Foundation in Vienna. The paintings were on display at the museum when, on December 31, 1997, museum staff received two letters claiming that the paintings had been stolen during Nazi occupation. The museum responded to the letters, stating its sympathy but also reciting its contractual obligation to return the paintings to the Leopold Foundation at the close of the exhibition. On January 7, 1998, the New York County District Attorney’s office served the museum with a subpoena duces tecum demanding the production of the paintings. The museum filed a motion to quash the subpoena, which was granted and then reversed on appeal. The museum appealed to the New York Court of Appeals, which had to determine whether the state’s Arts and Cultural Affairs Law § 12.03, a law protecting artwork owned by nonresident lenders from seizure while on display in New York, thwarted the subpoena.
Rule of Law
Issue
Holding and Reasoning (Wesley, J.)
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