United States Second Circuit

In an action seeking a declaration that plaintiff was the owner of a drawing by Egon Schiele, judgment for plaintiff is vacated where: 1) although it is unclear whether a cause of action comparable to the counterclaims of defendants could be successfully brought in Austria, allowing the claims to go forward under New York law was consistent with the principles underlying the decision of the Supreme Court of Austria; and 2) the district judge, by applying Swiss Law, erred in placing the burden of proof on defendants to show that the Nazis looted the drawing.

Appellate Information

• Decided 09/02/2010
• Published 09/02/2010

Judges

• Edward R. Korman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Raymond J. Dowd, James A. Janowitz