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Case Summary

In the Matter of Flamenbaum

In the Matter of the Accounting of Hannah K. Flamenbaum, as Executor of Riven Flamenbaum, Deceased, 27 Misc. 3d 1090 (N.Y. Sur. Ct. 2010); rev’d by In the Matter of Riven Flamenbaum, Deceased, 95 A.D. 3d 1318 (N.Y. App. Div. 2d Dep't May 30, 2012); aff’d by In the Matter of Riven Flamenbaum, Deceased, 2013 NY Slip Op. 07510 (N.Y. Court of Appeals, Nov. 14, 2013).

Précis

In this WWII-art related restitution claim, noteworthy for inverting the more common scenario of Holocaust victim as claimant, a museum made claim to property that was part of the estate of a Holocaust survivor. In May 2012, the 

New York Appellate Division reversed a lower court ruling and sided with the original owner, the Vorderaisiatisches (Near East) Museum in Berlin, Germany, in probate proceedings against the estate of Riven Flamenbaum (“the Estate”) in its attempt to recover a valuable ancient gold tablet that the Museum said had been stolen from it in the aftermath of the Second World War. . . .

 






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