The New Legal Landscape of Art Title Claims

The ownership of approximately 80 works by the Austrian artist Egon Schiele has been the subject of civil lawsuits for the past 20 years. These disputes have pitted the heirs of Franz Fredrich (Fritz) Grünbaum, a Jewish cabaret performer and art collector who died at the Dachau Concentration Camp during World War II, against museums, art institutions and collectors throughout the U.S. who have been in possession of these works. A debate continues as to what happened to Grünbaum’s art collection following his death—whether his family took possession of the works or whether the Nazis confiscated and later sold them. While this dispute historically has unfolded in the context of civil lawsuits, a New York State criminal court, for the first time since 2017, was the forum in which a title claim to allegedly stolen art was adjudicated.

In this Wealth Management article, Diana Wierbicki, chair of the firm’s Art & Cultural Property practice, and senior counsel Georges Lederman examine a long-awaited New York State Supreme Court decision issued in April 2025 ordering the restitution of Egon Schiele’s “Russian War Prisoner” drawing—currently in the possession of the Art Institute of Chicago—to the heirs of Fritz Grünbaum. The ruling—declaring the work stolen property despite decades of disputed ownership—carries significant implications for museums, collectors and the broader art market.

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