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Case Summary

Menzel v. List

Menzel v. List, 267 N.Y.S.2d 804 (N.Y. Sup. Ct. 1966), modified by 279 N.Y.S.2d 608 (N.Y. App. Div. 1967), rev’d, 298 N.Y.S.2d 979 (1969).

Menzel v. List, one of the first Holocaust

replevin cases, is significant for the application of New York’s  Demand and Refusal Rule to a claim for return of an artwork stolen more than twenty years earlier. After Menzel sued List, a  good faith purchaser and new owner of the work, List counterclaimed against Perls Gallereries, from which the work was bought. The Court found that . . . .

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