18 Cited authorities

Kirkpatrick Co. v. Environmental Tectonics Corp.
493 U.S. 400 (1990) Cited 259 times
Holding that federal courts ordinarily have the obligation to exercise their jurisdiction and "[t]he act of state doctrine does not establish an exception for cases and controversies that may embarrass foreign governments"
Guggenheim Found. v. Lubell
77 N.Y.2d 311 (N.Y. 1991) Cited 181 times 2 Legal Analyses
Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"
Sporn v. MCA Records, Inc.
58 N.Y.2d 482 (N.Y. 1983) Cited 204 times 1 Legal Analyses
Holding that a conversion claim was actionable for possession of a master recording
Batsidis v. Batsidis
9 A.D.3d 342 (N.Y. App. Div. 2004) Cited 72 times
2002-10309. July 6, 2004. In an action, inter alia, for replevin, the plaintiffs appeal from an order of the Supreme Court, Nassau County (O'Connell, J.), dated October 11, 2002, which, among other things, granted the defendant's cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Before: Santucci, J.P., Goldstein, Luciano and Mastro, JJ., concur. Ordered that the order is affirmed, with costs. The plaintiffs commenced this action, inter alia
Mtr. of Peters v. Sotheby's
34 A.D.3d 29 (N.Y. App. Div. 2006) Cited 67 times
Finding that if court accepted petitioner's claim that artwork was converted, action would be time-barred because statute of limitations would have began on the date of conversion
Metropolitan Museum Historic District Coalition v. De Montebello
20 A.D.3d 28 (N.Y. App. Div. 2005) Cited 53 times
Holding that the Metropolitan Museum of Art is not a governmental "agency" and so is not subject to FOIL's provisions
Glenesk v. Guidance Realty Corp.
36 A.D.2d 852 (N.Y. App. Div. 1971) Cited 99 times
April 26, 1971 Appeal by defendants, as limited by their brief, from so much of an order of the Supreme Court, Kings County, dated March 11, 1970, as denied their motion, pursuant to CPLR 3042, to modify plaintiff's demand for a bill of particulars. Order modified by (1) deleting plaintiff's demands numbered 1, 5, 7, 8, 11, 12, 15, 16 and 18, as academic; and (2) by striking from the answer, sua sponte, defendants' separate and distinct defenses contained in paragraphs numbered 6, 10, 12, 15, 16
Ricaud v. American Metal Co.
246 U.S. 304 (1918) Cited 122 times
Holding act of state doctrine prohibited American courts from considering the seizure of an American citizen's property by the Mexican government for military purposes
Guggenheim Found. v. Lubell
153 A.D.2d 143 (N.Y. App. Div. 1990) Cited 41 times
In Guggenheim, plaintiff Museum sued for return of a Chagall painting which was purchased by defendant from a reputable art dealer in 1967.
Kunstsammlungen Zu Weimar v. Elicofon
678 F.2d 1150 (2d Cir. 1982) Cited 53 times
In Kunstsammlungen Zu Weimar v. Elicofon, 678 F.2d 1150 (2d Cir. 1982), the claimant-intervenor directly challenged the effect of a Thuringian statute which extinguished the claimant's contractual rights.

In the Matter of Riven Flamenbaum, Deceased. Vorderasiatisches Museum, Respondent, Hannah K. Flamenbaum, Appellant, Israel Flamenbaum, Respondent.

18 Cited authorities

Holding that federal courts ordinarily have the obligation to exercise their jurisdiction and "[t]he act of state doctrine does not establish an exception for cases and controversies that may embarrass foreign governments"

Holding that "although [defendant-]appellant’s Statute of Limitations argument fails, [its] contention that the [plaintiff] did not exercise reasonable diligence in locating the painting" is relevant "in the context of laches defense"

Holding that a conversion claim was actionable for possession of a master recording

Finding that if court accepted petitioner's claim that artwork was converted, action would be time-barred because statute of limitations would have began on the date of conversion

Holding that the Metropolitan Museum of Art is not a governmental "agency" and so is not subject to FOIL's provisions

Holding act of state doctrine prohibited American courts from considering the seizure of an American citizen's property by the Mexican government for military purposes

In Guggenheim, plaintiff Museum sued for return of a Chagall painting which was purchased by defendant from a reputable art dealer in 1967.

In Kunstsammlungen Zu Weimar v. Elicofon, 678 F.2d 1150 (2d Cir. 1982), the claimant-intervenor directly challenged the effect of a Thuringian statute which extinguished the claimant's contractual rights.