London galleries ordered to return a $1.2 million Chagall to a U.S. collector swindled by disgraced dealer Ezra Chowaiki:
made in February, Judge Joel M. Cohen, a Supreme Court Justice in New York County, found that the London galleries had failed to assert their claims on the painting in a timely manner in the earlier cases connected to Chowaiki.
The long-running dispute over the Chagall had been making its way through the legal system since 2019, making the summary judgment in favor of Silver “a major win,” the firm wrote on itsThe London galleries had long maintained that by paying for the work, they had obtained good title to it. But Silver’s legal team argued that email correspondence showed that the galleries were suspicious of Chowaiki and his business practices.
The galleries also should have been aware that Chowaiki had used the painting as collateral for a loan, the suit maintained. “There could not have been a more glaring red flag,” Grossman wrote in a motion for summary judgment in late 2019. The latest ruling upholds a lower state court’s order in favor of Silver calling for the painting’s return, granted in 2019.
“The defendants cannot, in my view, contest plaintiff’s title to the artwork in this case,” Judge Cohen said during oral arguments in the Supreme Court case. “Those rights were adjudicated fully in the Federal case. . . and preclude defendants’ arguments in this case.”
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