RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
4793
2003-2004 Regular Sessions
IN ASSEMBLY
February 19, 2003
___________
Introduced by M. of A. STRANIERE, ALFANO, LABRIOLA -- Multi-Sponsored by
-- M. of A. McDONOUGH, O'CONNELL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to author-
izing any Holocaust victim, or his or her heirs, beneficiaries or
authorized representatives, to commence an action to recover art
stolen from the victim during the Holocaust era against museums,
galleries and other institutions, firms, trusts and foundations
located in the State of New York or located outside the State of New
York but subject to the jurisdiction of the State of New York, and to
provide that any action so commenced shall not be dismissed for fail-
ure to comply with the applicable statute of limitations, provided the
action is commenced on or before December 31, 2020
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The legislature finds and declares the following:
2 (a) During World War II, untold millions of lives and property were
3 destroyed.
4 (b) In addition to the many atrocities that befell the victims of the
5 Nazi regime, treasured pieces of artwork were wrongfully stolen.
6 (c) Thousands of victims of Nazi persecution, and the heirs of victims
7 of Nazi persecution, are residents of the State of New York. Many of
8 these victims and descendants are investigating the whereabouts of
9 artwork that rightfully belonged to their families.
10 (d) In recent years, it has become apparent that a significant amount
11 of artwork that was stolen from victims of the Holocaust has been or is
12 located in museums, galleries, art dealers, auction houses and other
13 institutions, firms, trusts and foundations located in the State of New
14 York, or located outside the State of New York but subject to the juris-
15 diction of the State of New York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07475-01-3
A. 4793 2
1 (e) The State of New York has a moral and public policy interest in
2 assuring that its residents are able to seek a fair and just remedy to
3 recover their artwork now located in museums, galleries, art dealers,
4 auction houses and other institutions, firms, trusts and foundations
5 located in the State of New York, or located outside the State of New
6 York but subject to the jurisdiction of the State of New York.
7 (f) Currently, under section 214 of the civil practice law and rules,
8 an individual has three years after demanding the return of their
9 artwork to commence an action in court for its return.
10 (g) Due to the unique nature of Holocaust-era artwork, however, (1)
11 victims of the Holocaust frequently first demand the return of their
12 artwork or commence an action for the return of their artwork in Europe-
13 an countries and other foreign jurisdictions, many of which have made no
14 provision for the unique nature of Holocaust-era artwork, and (2)
15 commencement of an action for the return of Holocaust-era artwork
16 requires detailed investigation in several countries, involving numerous
17 historical documents and the input of experts, and may take many years
18 to prepare following a demand for the return of the artwork.
19 (h) Accordingly, the three-year statute of limitations may expire
20 before an individual is able to commence an action in the courts of the
21 State of New York for the return of artwork stolen in the Holocaust,
22 and, therefore, the three-year period is an insufficient amount of time
23 to commence an action for the return of art stolen from victims of the
24 Holocaust.
25 (i) In order to address the insufficiency of the current three-year
26 period for art work stolen from victims of the Holocaust, the State of
27 New York, by the enactment of this act, shall (1) revive or extend the
28 right of demand for replevin actions for stolen Holocaust-era artwork
29 through the later of (A) the time permitted in subdivision 3 of section
30 214 of the civil practice law and rules or (B) December 31, 2020 and (2)
31 provide that any such replevin action shall not be subject to any
32 defense, whether arising under the law of the State of New York or under
33 the law of any other jurisdiction, whether at law or in equity, relating
34 to when demand was or should have been made.
35 (j) To the extent that the enactment of this act will extend the stat-
36 ute of limitations, that extension is intended to be applied retroac-
37 tively, irrespective of whether the claims were barred by any applicable
38 statute of limitations under any other provision of law prior to the
39 enactment of this act.
40 § 2. Subdivision 3 of section 214 of the civil practice law and rules,
41 as separately amended by chapters 485 and 682 of the laws of 1986, is
42 amended to read as follows:
43 3. an action to recover a chattel or damages for the taking or detain-
44 ing of a chattel except as provided in section two hundred fourteen-f of
45 this article;
46 § 3. The civil practice law and rules is amended by adding a new
47 section 214-f to read as follows:
48 § 214-f. Action to recover artwork stolen from victims of the Holo-
49 caust. 1. For the purpose of this section:
50 (a) "Entity" means any museum, gallery, art dealer, auction house or
51 other institution, firm, trust or foundation located in or subject to
52 the jurisdiction of the State of New York pursuant to section three
53 hundred two of this chapter that holds, displays, exhibits or sells any
54 article of historical, interpretive, scientific or artistic signif-
55 icance.
A. 4793 3
1 (b) "Holocaust victim" means any person who was persecuted during the
2 period of nineteen hundred thirty-three to nineteen hundred forty-five
3 inclusive, by Nazi Germany, its allies or sympathizers.
4 (c) "Holocaust-era artwork" means any article of historical, interpre-
5 tive, scientific, artistic, religious or cultural significance taken
6 during the period of nine hundred thirty-three to nineteen hundred
7 forty-five inclusive or as a result of persecution by Nazi Germany, its
8 allies or sympathizers.
9 (d) "Stolen" means any theft, plunder, looting or other transfer from
10 a Holocaust victim in Nazi Germany or in another country after the date
11 on which that country was invaded by, occupied by or otherwise came
12 under the influence of Nazi Germany.
13 2. Notwithstanding any other limitation set forth in this or any other
14 article, any Holocaust victim, or any heir, authorized representative or
15 beneficiary of a Holocaust victim, may commence an action to recover
16 Holocaust-era artwork from any entity set forth in paragraph (a) of
17 subdivision one of this section.
18 3. Any action brought under this section shall not be dismissed for
19 failure to comply with the applicable statute of limitations, if the
20 action is commenced on or before the later of: (a) the time permitted in
21 subdivision three of section two hundred fourteen of this article; or
22 (b) December thirty-first, two thousand twenty, whether or not a cause
23 of action would be deemed to have been barred by the passage of time
24 prior to the effective date of this section.
25 4. Any action brought under this section shall not be subject to any
26 defense, whether arising under the law of the State of New York or under
27 the law of any other jurisdiction, whether at law or in equity, relating
28 to when such demand was or should have been made for the return of any
29 Holocaust-era artwork.
30 § 4. This act shall take effect immediately.