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Yale Sued Over Ownership of Van Gogh’s ‘Night Café’ (Update1)

By Cary O’Reilly

June 3 (Bloomberg) -- Yale University was sued by a man who says he’s the descendant of the former owner of a Van Gogh painting that was unlawfully seized during the Communist takeover of Russia in 1918 and rightfully belongs to him.

Pierre Konowaloff claims to be the great-grandson and heir of Ivan Morozov, who acquired the painting in 1908 and owned it until the Russian government seized it 10 years later. The painting, “The Night Café,” was later sold to galleries in Europe and New York and eventually bequeathed to Yale in 1961, according to court papers filed May 21 in federal court in New Haven, Connecticut.

By assuming control of the painting “with reason to know that it had been unlawfully confiscated or ‘nationalized’ without compensation, Yale cannot possibly establish that it has good title,” Konowaloff said in his complaint.

Yale, which sued Konowaloff in March seeking a court ruling that it’s the rightful owner, says sales of artwork “nationalized” by the Soviet Union were valid and that “The Night Café” was a legitimate gift of Yale alumnus Stephen C. Clark that’s been on display at the university for almost 50 years.

Tom Conroy, a spokesman for the university, didn’t immediately return a phone call seeking comment after regular business hours.

Machu Picchu, Geronimo

Konowaloff’s claim is the latest litigation accusing Yale of improperly possessing artwork or historic artifacts. The Republic of Peru sued Yale in December seeking a collection of artifacts excavated from Machu Picchu and other sites by university scientists and researchers.

Yale and a secretive student society known as the Order of Skull & Bones were sued in February by the descendants of the 19th century Apache Indian warrior Geronimo. The family claims a group of Yale students may have stolen some of Geronimo’s remains in 1918 and taken them to Yale’s campus. The university denies the allegation and says it has no connection to Skull & Bones.

The case is Yale University v. Konowaloff, 09-466, U.S. District Court, District of Connecticut (New Haven).

To contact the reporter responsible for this story: Cary O’Reilly in Washington at caryoreilly@bloomberg.net.

Last Updated: June 3, 2009 20:45 EDT

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