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High-stakes ‘Café’

Lawsuit might imperil art world

Vincent Van Gogh’s renowned 1888 painting ‘The Night Café,’ which is housed in the Yale University Art Gallery. Yale is involved in a lawsuit where it is asserting its ownership rights.

Photo courtesy yale daily news

NEW HAVEN, Conn. — The ownership of tens of billions of dollars of art and other goods could be thrown into doubt if a lawsuit seeking the return of a famous Vincent Van Gogh painting is successful, according to a court filing by Yale University.

The Ivy League university sued in federal court in March to assert its ownership rights over “The Night Cafe” and to block a descendant of the original owner from claiming it. Pierre Konowaloff is the purported great-grandson of industrialist and aristocrat Ivan Morozov, who bought the painting in 1908.

Russia nationalized Morozov’s property during the Communist Revolution. The painting, which the Soviet government later sold, has been hanging in the Yale University Art Gallery for almost 50 years.

“Invalidating title to the painting would set U.S. courts at odds with the Russian government and cloud title to what Konowaloff concedes is at least $20 billion of art in global commerce,” Yale’s attorneys wrote in court papers filed Wednesday.

It also would “imply the invalidity of title to countless billions of dollars more of other sorts of property expropriated and sold” by Russian authorities, Yale’s attorney wrote.

Any federal court invalidation of Russian nationalization decrees from the early 20th century would create “significant tensions” between the United States and the Russian Federation, Yale argues. Russia continues to possess, display and defend its title to many artworks that were nationalized, including against Konowaloff’s litigation and threats of litigation in France and Britain, Yale says.

Yale says the court does not have the authority to evaluate the legality of a Russian nationalization. The university says former owners have challenged titles to artwork and other property seized from them in Russia, but their claims were rejected by the U.S. Supreme Court and state, federal and foreign courts.

Konowaloff’s attorney, Allan Gerson, said in an e-mail that the argument was “ridiculous” and that the lawsuit was not against Russia.

“Invalidating title to the painting would set U.S. courts at odds with the Russian government.”

-- Yale University attorneys
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