
"Oscar Stettiner owned or at a minimum had a superior right of possession of the painting prior to its unlawful seizure. He never voluntarily relinquished it."
"Nahmad failed to raise any material issues of fact, and offer no evidence that identifies anyone other than Mr. Stettiner as the owner of the painting or that he voluntarily relinquished it."
The New York Supreme Court ruled that David Nahmad must return a painting by Amedeo Modigliani, looted by Nazis, to Oscar Stettiner's heir. Stettiner, who fled Paris in 1939, had ownership rights before the painting was unlawfully seized. Nahmad purchased the painting in 1996 but argued it was not the same one taken from Stettiner. The court found no evidence supporting Nahmad's claims, affirming Stettiner's superior right of possession established in a 1946 French court ruling.
Read at The Art Newspaper - International art news and events
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