New York Court Orders Return of Nazi-Looted Modigliani Painting to Jewish Art Dealer's Estate

On Friday, the New York Supreme Court ruled that the 1918 painting "Seated Man With a Cane" by Amadeo Modigliani, looted by the Nazis during World War II, must be returned to the estate of Oscar Stettiner, a Jewish art dealer. This decision concludes an 11-year legal battle initiated by Stettiner's grandson, Philippe Maestracci, and the Canadian firm Mondex, which specializes in recovering stolen artwork. Judge Joel M. Cohen determined that Stettiner had a superior right of possession prior to the painting's unlawful seizure, stating, “Oscar Stettiner owned or at a minimum had a superior right of possession of the painting prior to its unlawful seizure,” and emphasized that he “never voluntarily relinquished it.”

The Jerusalem PostTimes of Israel

Oscar Stettiner, a British national, fled Paris in 1939 as the Nazis occupied France, leaving behind his art gallery. The painting was confiscated by a Nazi-appointed individual tasked with destroying Jewish properties and was sold in 1944 without Stettiner's consent. A French court ruled in 1946 that the painting should be returned to Stettiner, but it had already been sold and subsequently resold to an unnamed U.S. military officer. Stettiner passed away in 1948 before the painting could be located.

The Jerusalem PostTimes of Israel

The painting resurfaced in 1996 when it was auctioned and purchased by the International Art Center (IAC) for $2.2 million. Initially, the Nahmad family, a prominent dynasty of Syrian-Lebanese Jewish art dealers, claimed they were not the owners of the painting. However, revelations from the Panama Papers in 2016 disclosed that David Nahmad was the sole owner of the IAC. Despite this, Nahmad has maintained that he acquired the painting in good faith and loaned it to various museums, including the Jewish Museum in New York in 2004.

The Jerusalem Post

In response to the ruling, Maestracci expressed overwhelming joy, stating that the quest of his grandfather has finally been fulfilled. Meanwhile, Nahmad's legal team argued that there was no proof linking the painting to Stettiner, suggesting that auction houses like Christie’s conduct thorough provenance research. Richard Golub, Nahmad's lawyer, stated, “Do you think that Christie’s would sell a painting that they thought was looted by the Nazis? I doubt it.”

The Jerusalem Post

Critics of the ruling highlight the complexities surrounding art ownership and the challenges of restitution. Nahmad's defense emphasizes that he acted in good faith and that the painting's provenance was thoroughly vetted before its purchase. This perspective raises questions about the implications of the ruling for future art restitution cases.

Times of Israel

• “Oscar Stettiner owned or at a minimum had a superior right of possession of the painting prior to its unlawful seizure,” — Judge Joel M. Cohen

Times of Israel

• “Our client, Mr. Maestracci, is overwhelmed with joy and the satisfaction that after so many years, the quest of his grandfather has finally been fulfilled,” — James Palmer, Founder of Mondex

The Jerusalem Post

• “If you had any doubt about looted art, would you really lend it to a Jewish museum?” — David Nahmad

Times of Israel

This ruling marks a significant moment in the ongoing efforts to address the restitution of art looted during the Holocaust, reaffirming the rights of original owners and their descendants.

The Jerusalem Post