Solomon R. Guggenheim Foundation v. Lubell
Court of Appeals of New York
569 N.E.2d 426 (1991)
Relevant factsFree
Lubell (defendant) bought a painting from a reputable gallery in 1967, and when she tried to auction it in 1986, the Guggenheim Foundation (plaintiff) claimed the painting had been stolen from it in the mid-1960s and sued for replevin; the trial court granted Lubell summary judgment, but the Appellate Division reversed, and Lubell sought further review.
IssueFree
Whether a court may consider a property owner's due diligence in locating stolen property when assessing a laches defense to a replevin claim, and whether a federal court's interpretation of state law binds that state's highest court.