Zuckerman v. The Metropolitan Museum of Art, No. 18-634 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's dismissal of plaintiff's complaint for failure to state a claim. Plaintiff sought recovery of a painting by Pablo Picasso that has been in the Metropolitan Museum of Art's possession since 1952, but once belonged to plaintiff's ancestors who sold it in 1938 to a private dealer. Plaintiff alleged that her ancestors sold the painting under duress because they needed funds to flee fascist Italy after having already fled the Nazi regime in their native Germany.
The court held that the Holocaust Expropriated Art Recovery Act of 2016 did not preempt the Met's laches defense and plaintiff's claims were barred by laches. The court held that the delay in this case was unreasonable and the Met has been prejudiced by the more than six decades that have elapsed since the end of World War II.