§Why CasetextPricing

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

Brief

36 Cited authorities

  1. Von Saher v. Norton Simon Museum of Art

    578 F.3d 1016 (9th Cir. 2009)   Cited 1,186 times
    Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

  2. Mixon v. TBV, Inc.

    76 A.D.3d 144 (N.Y. App. Div. 2010)   Cited 445 times

    No. 2008-08612. June 22, 2010. APPEAL from an order of the Supreme Court, Queens County (Valerie Brathwaite Nelson, J.), entered August 4, 2008. The order, insofar as appealed from, granted the cross motion of defendants TBV, Inc., and George R. McLaren, Jr., for summary judgment dismissing the complaint insofar as asserted against them and, in effect, for summary judgment dismissing the cross claim asserted by defendants Jonathin Transporter and Cruser, Mitchell Novitz, as temporary administrator

  3. 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"

  4. Matter of Rothko

    43 N.Y.2d 305 (N.Y. 1977)   Cited 237 times   1 Legal Analyses
    Holding that where it is impossible to appraise damages with certainty, the Surrogate "had the right to resort to reasonable conjectures and probable estimates and to make the best approximation possible through the exercise of good judgment and common sense in arriving at that amount"

  5. E.S. v. P.D

    2007 N.Y. Slip Op. 1336 (N.Y. 2007)   Cited 102 times

    No. 7. Argued January 3, 2007. Decided February 15, 2007. APPEAL, on constitutional grounds, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered March 28, 2006. The Appellate Division order, insofar as appealed from, affirmed a judgment of the Supreme Court, Suffolk County (Sandra L. Sgroi, J.; see 6 Misc 3d 1030[A], 2004 NY Slip Op 51846[U]), which had granted the petition and awarded petitioner grandmother reasonable visitation rights with her

  6. Glenbriar Co v. Lipsman

    2005 N.Y. Slip Op. 7730 (N.Y. 2005)   Cited 77 times
    Listing of out-of-state address as primary residence in tax returns not fatal to claim of primary residence in New York

  7. Glenn v. Hoteltron Sys

    74 N.Y.2d 386 (N.Y. 1989)   Cited 114 times   2 Legal Analyses
    Holding that injury suffered by shareholder of corporation whose assets were diverted by corporate officer was "real, but it was derivative, not direct."

  8. Skrodelis v. Norbergs

    272 A.D.2d 316 (N.Y. App. Div. 2000)   Cited 83 times

    Submitted March 13, 2000. May 1, 2000. In a matrimonial action in which the parties were divorced by judgment dated January 5, 1994, the plaintiff's former attorney, Maris Bibelnieks, appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rigler, J.), dated March 25, 1999, as denied that branch of his motion which was for counsel fees incurred in prosecuting a grievance filed against the defendant's former attorney, Jonathan Braverman, and denied, on the basis

  9. 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

  10. Bates Advertising USA, Inc. v. 498 Seventh, LLC

    7 N.Y.3d 115 (N.Y. 2006)   Cited 49 times
    Rejecting landlord's contention that liquidated damages clause unenforceable where lessee's attorney testified that "the clause was intended to `incentivize' the landlord, and to provide a `club over his head to make sure he gets the work done"

  11. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,353 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  12. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,108 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  13. Section 2315 - Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

    18 U.S.C. § 2315   Cited 607 times   2 Legal Analyses
    Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders

  14. Section 165.40 - Criminal possession of stolen property in the fifth degree

    N.Y. Penal Law § 165.40   Cited 425 times

    A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof. Criminal possession of stolen property in the fifth degree is a class A misdemeanor. N.Y. Penal Law § 165.40

  15. Section 2601 - Definitions

    19 U.S.C. § 2601   Cited 24 times   2 Legal Analyses
    Defining "archaeological or ethnological material"

  16. Section 2607 - Stolen cultural property

    19 U.S.C. § 2607   Cited 2 times

    No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which is stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the United States. 19 U.S.C. § 2607 Pub. L. 97-446, title III, §308, Jan. 12, 1983, 96 Stat. 2360. EDITORIAL NOTES REFERENCES IN