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Property Law Keyed to Kurtz
Gruen v. Gruen
Citation:Court of Appeals of New York (1986). 68 N.Y.2d 48.
Plaintiff asserts that his father gifted him a painting titled “Schloss Kammer am Attersee II,” which was painted by Gustav Klimt, and retained a life estate in the painting.
Plaintiff’s father allegedly wrote Plaintiff a letter gifting the painting to Plaintiff for his birthday. However, in the letter, Plaintiff’s father stated that he wanted to retain possession of the painting for the duration of his life. Plaintiff never took actual possession of the painting before his father died.
Plaintiff’s father has died and, currently, Defendant is in possession of the painting and refuses to turn over the painting to Plaintiff.
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