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N.Y. Judge Orders Nazi-Looted Art Returned
4 Apr
Summary
- A Modigliani painting was deemed looted Nazi art.
- David Nahmad's company lost a decade-long court battle.
- The painting will be returned to the original owner's estate.
A significant legal victory was achieved when a New York Supreme Court judge ruled that a valuable Amedeo Modigliani painting, "Seated Man With a Cane" (1918), is looted Nazi art. The court ordered that the painting be returned to the estate of its original owner, Oscar Stettiner, an antiques dealer whose collection was confiscated during the Nazi occupation of France.
This ruling comes after more than a decade of legal efforts by Stettiner's grandson, Philippe Maestracci, and the art recovery company Mondex. They pursued the painting, which was bought at auction in 1996 by International Art Center, a holding company controlled by billionaire art dealer David Nahmad. The Nahmad company had stored the artwork in Switzerland since its purchase.
Judge Joel M. Cohen determined that Oscar Stettiner "never voluntarily relinquished" possession of the painting. This conclusion was supported by a 1946 French court decision that had ordered the painting's return to Stettiner, though it had already been sold by that time. The judge found the Nahmad company's arguments against the claim speculative and unsubstantiated.
David Nahmad had previously asserted he purchased the painting in good faith and even lent it to museums, including the Jewish Museum in New York. However, the court found the provenance information at the 1996 auction to be erroneous. The decision represents a triumph for Maestracci and Mondex in reclaiming a piece of art with an estimated value of $25 million.
