Solomon R. Guggenheim Found. v. Lubell

In Solomon R. Guggenheim Found. v. Lubell (77 NY2d 311, 569 NE2d 426, 567 NYS2d 623 [1991]), the Court of Appeals considered whether a failure by the Guggenheim Museum to take reasonable action to locate a missing work of art over the course of 20 years was relevant to defendant's (a) statute of limitations defense and (b) defense based upon laches. The court specifically noted that the Guggenheim Museum failed to "inform other museums, galleries or artistic organizations of the theft, and additionally, did not notify the New York City Police, the FBI, Interpol or any other law enforcement authorities" (id. at 315-316). While the court refused to impose a duty of diligence on the museum in the context of the statute of limitations defense, it noted that the lack of reasonable diligence would be considered by the trial judge in connection with laches (id. at 321).