Descendants of Holocaust victim win monumental Nazi-looted art case

Two Schiele paintings will be returned to the heirs of Fritz Grunbaum, a holocaust victim and broadway star of his time

NEW YORK, NY – Today, in a landmark decision by Justice Charles E. Ramos, the heirs of Holocaust victim Fritz Grunbaum were awarded title to two Nazi-looted artworks, Woman in a Black Pinafore and Woman Hiding her Face, by the artist Egon Schiele. The case, Reif vs. Nagy, has been winding its way through the courts since November 2015 when attorney Raymond Dowd requested the artworks be returned to Grunbaum’s heirs, including Timothy Reif,  after they were discovered in Mr. Nagy’s booth at the Salon Art + Design Show at the Park Avenue Armory in New York City.

“This is an important victory in what is probably the most important art case of the late 20th century,” said Attorney Raymond Dowd, partner at Dunnington, Bartholow, & Miller LLP. “It is a victory for Holocaust victims, their families, and all those who fought and died to undo the evils of Nazism. This decision brought us a step closer to recovering all of the culture that was stolen during the largest mass-theft in history which, until now, has been overshadowed by history’s largest mass-murder.”

Fritz Grünbaum, an Austrian-Jewish songwriter, director, actor, and master of ceremonies who openly mocked Hitler, performed musicals and plays for his fellow prisoners in the Dachau concentration camp until 1941, when he died penniless in captivity. His extensive collection, totaling 450 pieces, 80 of which were Schiele artworks, was looted in its entirety by Nazi agents in 1938. The two Schiele paintings in question have been housed in a fine art storage facility in Queens, NY since court proceedings began in 2015.

“Today, my family has regained a part of its history that was stolen by the Nazi Regime. We are overjoyed and thankful that Justice Ramos has helped us protect the legacy of Fritz Grunbaum, who was a performer of exceptional courage and talent, and realized the moral and legal importance of returning Nazi-looted art to its rightful heirs,” said Timothy Reif, executor and heir to the Grunbaum estate. “These paintings help us remember and honor the lives of those we love and help us preserve Jewish culture that the Nazi’s tried so hard to destroy.”

Despite defendant Richard Nagy’s best efforts to argue that the case fell outside of the statute of limitations that one can claim stolen art, and that the HEAR Act did not apply to this case, Judge Ramos adamantly disagreed. Justice Ramos explains in the decision, “Although defendants argue that the HEAR Act is inapplicable, this argument is absurd, as the act is intended to apply to cases precisely like this one, where Nazi-looted art is at issue. Since plaintiffs discovered the Artworks in November of 2015, their action is timely under the HEAR Act.”

Grunbaum’s art collection grabbed international headlines in 1998 when New York District Attorney Robert Morgenthau seized Egon Schiele’s Dead City from New York’s Museum of Modern Art.  The Morgenthau seizure made Grunbaum’s estate a cause celebre leading to changes in the way Austria and other European countries process claims involving art looted from Holocaust victims. Justice Ramos’ decision has ended a controversy that has raged since the 1998 Morgenthau seizure and provided justice for Holocaust victims and their heirs.

Full decision attached.

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Jonathan Petropoulos Rebuttal Report

Jonathan Petropoulos research and scholarship from 2008 to the present reaffirms that Fritz Grünbaum lost his art collection, including the Artworks, due to Nazispoliation. Historical records show that both Fritz Grünbaum’s property and the property of his wife and widow, Elisabeth Grünbaum (“Elisabeth”), were under the control of “Aryan” trustee Ludwig Rochlitzer who was appointed by the Nazis to liquidate their property in January 1939 pursuant to the 3 December 1938 Aryan Trustee Act.
In his striking report he summerizes and discusses the direct evidence showing Nazi control of Fritz Grünbaum’s art collection in 1939 through his death in 1941.

The evidence that the Nazis had custody of Fritz Grünbaum (imprisoned in the Buchenwald and Dachau concentration camps) and his artworks (stored and “blocked” in a Schenker & Co. warehouse, an entity utilized by the Nazis to despoil property) is overwhelming, reliable, and uncontroverted.

Jonathan Petropoulos Rebuttal Report

Press Clipping: Panel Allows Stolen Artwork Claims to Move Forward

 

Jason Grant
April 19, 2017

“Collateral estoppel requires the issue to be indentical to that determined in the prior proceeding,” the panel said. “[That has not]…been shown here where the purchaser, the pieces, and the time over which the pieces were held differ significantly.”

The lawsuite is part of a long-running fight to reclaim art once owned by Austrian Jew Fritz Grunbaum, who amassed a rare 449-piece art collection that was confiscated by Nazis in 1938, his heirs say. Grunbaum died at the Dachau concetration camp.

Read the full article here : http://m.newyorklawjournal.com/#/article/1202784114427/11/Panel

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Press Clipping: Legal battle over Schiele works owned by Jewish entertainer who died in Dachau

His heirs’ attempts to recover them will be framed by President Obama’s Holocaust Act

by David D’Arcy  |  6 April 2017

A dispute in New York over two watercolours by Egon Schiele will revisit the tragic life of their owner in the 1930s, Fritz Grünbaum, a popular Jewish entertainer in Vienna who died a Nazi prisoner in Dachau.

Some also see the case as an early assessment of the Holocaust Expropriated Art Recovery (HEAR) Act, which regularised a federal statute of limitations of six years, beginning with the discovery of an object, during which claims can be made for the recovery of Nazi loot in the US. The statute affirms a US interest in the restitution of art stolen during the Nazi era.

 

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Brief Amicus Curiae

Brief Amicus Curiae on Behalf of The American Jewish Committee, Omer Bartov, Michael Bazyler, Haim Beliak, Michael Berenbaum, Donald Burris, Judy Chicago, Richard Falk, Hector Feliciano, Eugene Fisher, Irving Greenberg, Peter Hayes, Douglas and Marjorie Kinsey, Douglas Kmiec, Marcia Sachs Littell, Hubert Locke, Carrie Menkel-Meadow, Bruce Pauley, John Pawlikowski, Carol Rittner, John Roth, Randol Schoenberg, William Shulman, Stephen Smith, Alan Steinweis, Melvyn Weiss, Donald Woodman, and Jonathan Zatlin, in Support of Plaintiffs-Respondents.

On December 16, 2016, President Obama signed into law the Holocaust Expropriated Art Recovery Act of 2016 (the “HEAR Act”), which passed both the House and Senate unanimously. Amici have particular interests implicated by the HEAR Act, which are set forth in Appendix A. None of the Amici has any financial or economic interest in the outcome of this appeal.
Amici underscore one specific way in which Nazis victimized Jews: robbery on a grand scale. The grand larceny should not be overlooked merely because mass murder was the foulest crime perpetrated by the Nazi conspirators…

…In Part I of the brief, we suggest that the HEAR Act does exactly what the Washington Principles and the Terezín Declaration failed to accomplish: provide binding legal language enabling fair and just resolution of conflicts over Recovery of Holocaust Expropriated Art. In Part II, we explain how the HEAR Act intersects with various technical defenses in this case focused on two pieces of art that were indisputably the property of Fritz Grunbaum.

Full Amicus Brief

Press Clipping: Art Dealer Networks in the Third Reich and in the Postwar Period

Art Dealer Networks in the Third Reich and in the Postwar Period

JonathanPetropoulos


Journal of Contemporary History

First published date: January-01-2016

Art Dealer Networks Article JCH

Die deutsche Version steht hier zum Lesen bereit / Please read the german version here

Art Dealer Networks Article JCH - German

 

 

 

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Press Clipping: A Suit Over Schiele Drawings Invokes New Law on Nazi-Looted Art

The New York Times

A Suit Over Schiele Drawings Invokes New Law on Nazi-Looted Art

By WILLIAM D. COHAN FEB. 27, 2017

Egon Schiele’s “Woman Hiding Her Face” (1912) is one of two drawings at issue in a suit brought by heirs of the collector Fritz Grunbaum.

When the Holocaust Expropriated Art Recovery Act was adopted unanimously by Congress in December, it was widely praised as a necessary tool to help the heirs of Holocaust victims recover art stolen from their families during World War II.

Now the efficacy of the HEAR Act, as it is known, may get an early test in New York State Court, where the heirs of Fritz Grunbaum, an Austrian Jewish entertainer, are citing it in efforts to claim two valuable colorful drawings by Egon Schiele.

Read the full article in the New York Times here

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