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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2024 NY Slip Op 24164 [84 Misc 3d 995]
Regular Panel Decision
Jun 06, 2024

Bennigson v. Solomon R. Guggenheim Found.

This case involves a dispute over Pablo Picasso's 'Woman Ironing,' with the heirs of Karl Adler suing The Solomon R. Guggenheim Foundation for its return. Plaintiffs allege that Adler, a German Jew, sold the painting under duress during the Nazi era. The court granted the defendant's motion to dismiss, ruling that the claims were barred by the equitable doctrine of laches due to an excessive and unexplained delay in bringing the suit, which prejudiced the defendant. Additionally, the court found that the plaintiffs failed to establish actionable duress under New York law, as the buyer was not a party to the alleged coercion by the Nazi regime. Consequently, the plaintiffs' claims for replevin, conversion, unjust enrichment, and declaratory judgment were dismissed.

Holocaust-Era ArtArt RestitutionLachesDuressNazi PersecutionStatute of LimitationsHEAR ActArt ProvenancePicassoThe Solomon R. Guggenheim Foundation
References
26
Case No. ADJ1158684 (GOL 0099195)
Regular
Nov 14, 2008

CAROLINA VELA vs. SERVICE MASTER CBM, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error, reducing the lien awarded to Lorena Ortiz-Schneider from $4,025.00 to $1,995.00. The Board also denied Associated Reproduction Services' petition, affirming the WCJ's decision to award copy charges at a reasonable rate of 20 cents per page, referencing precedent established by *Kunz* and *Sweet*. This decision clarifies the correct lien amount and upholds the application of reasonable rates for reproduction services.

WCABPetition for ReconsiderationLien ClaimantInterpreting ServicesCopy ChargesReasonableness of ChargesMedical-Legal ExpensesClerical ErrorDecision After ReconsiderationKunz v. Patterson
References
2
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