In Matter of Grand Jury Subpoena Duces Tecum (Museum of Modern Art) (93 NY2d 729) the Court held that the protection of section 12.03 against "any kind of seizure" applies to a criminal action as well. Accordingly, the Court granted the Museum of Modern Art's motion to quash the subpoena duces tecum requiring the production of two Egon Schiele paintings on loan to the Museum from the Leopold Foundation in Vienna, issued by the New York County District Attorney's Office in connection with the Grand Jury investigation into the theft of those paintings during the Nazi annexation of Austria. While noting the significance of the statute and its intended role in promoting and ensuring the lending of art to museums for the cultural welfare of the people and the State's institutions, the Court did not address, much less find, that the section mandated or even authorized the imposition of punitive damages or an award of attorneys' fees.