The Greek Orthodox Patriarchate of Jerusalem v. Christie’s Inc., Anne Guersan, and John/Jane Doe

During the tenth century, Greek mathematician Archimedes created several writings on math and physics topics. Those writings were contained within a manuscript known as a palimpsest. For the next few centuries, the palimpsest was stored and displayed in churches owned by an order of monks called the Greek Orthodox Patriarchate of Jerusalem (the patriarchate) (plaintiff). At some point during the early 1900s, the palimpsest was removed from the patriarchate’s possession and acquired by Marie Louis Sirieix, a French civil servant and businessman. The record was unclear as to how Sirieix acquired the palimpsest, and the patriarchate did not notice that it was missing right away. Sirieix kept the palimpsest in his home until he died in 1957, at which time his daughter Anne Guersan (defendant) cared for the palimpsest, including having it restored. She also told people about it, including friends who worked at nearby universities. Guersan considered selling the palimpsest during the 1970s and printed off hundreds of brochures advertising it. Potential buyers reached out, including several academic institutions, but Guersan reconsidered and did not complete the sale. In 1998, Guersan decided to auction off the palimpsest. After the auction announcement, the patriarchate informed the auction house that it was the rightful owner of the palimpsest. That was the first time the patriarchate had publicly declared that the palimpsest was missing or attempted to get it back. The palimpsest sold at auction for $2 million, and the patriarchate sued Guersan and the purchaser (defendant). Guersan and the purchaser filed a motion for summary judgment. The court ruled that French and not New York law applied to determine ownership of the palimpsest and also evaluated Guersan and the purchaser’s laches defense under New York law.