May 17, 2014

Solomon R. Guggenheim Foundation v. Lubell - 77 N.Y.2d 311, 567 N.Y.S.2d 623 (1991)

FACTS: Museum filed suit to recover a stolen painting that was currently in the purchaser's possession.

HOLDING: NY court ruled on the issue and decides that "shifting the burden onto the wronged owner is inappropriate."

"We have reexamined the relevant NY case law and we conclude that the 2nd Circuit should not have imposed a duty of reasonable diligence on the owners of stolen art work for purposes of the Statute of Limitations