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Rothko case
The Rothko case was the protracted legal dispute between Kate Rothko, the daughter of the painter Mark Rothko; the painter's estate executors; and the directors of his gallery, Marlborough Fine Art.〔(Matter of Rothko ), 43 NY 2d 305 - NY: Court of Appeals 1977.
Official Reporter decisions include: 69 Misc.2d 752, 330 N.Y.S.2d 915, affd. 40 A.D.2d 1083, 338 N.Y.S.2d 855; 71 Misc.2d 74, 335 N.Y.S.2d 666, affd. 43 A.D.2d 819, 351 N.Y.S.2d 940; 71 Misc.2d 320, 336 N.Y.S.2d 130, mod. and affd. 40 A.D.2d 965, 338 N.Y.S.2d 854; 73 Misc.2d 548, 342 N.Y.S.2d 220, revd. 42 A.D.2d 558, 345 N.Y.S.2d 567, mot. for lv. to app. dism., 33 N.Y.2d 822, 350 N.Y.S.2d 911, 305 N.E.2d 919; 41 A.D.2d 806, 342 N.Y.S.2d 372; 42 A.D.2d 693, 346 N.Y.S.2d 714; 77 Misc.2d 168, 352 N.Y.S.2d 574, affd. 47 A.D.2d 623, 366 N.Y.S.2d 610, mot. for lv. to app. den. 36 N.Y.2d 647, 372 N.Y.S.2d 1026, 334 N.E.2d 603; 80 Misc.2d 140, 362 N.Y.S.2d 673; 84 Misc.2d 830, 379 N.Y.S.2d 923; affd. 56 A.D.2d 499, 392 N.Y.S.2d 870, affd. 43 N.Y.2d 305, 401 N.Y.S.2d 449, 372 N.E.2d 291; 56 A.D.2d 819, 393 N.Y.S.2d 682; 95 Misc.2d 492, 407 N.Y.S.2d 954, and numerous unofficially reported Law Journal decisions as well as many scholarly articles.〕〔Dobrzynski, Judith H., (A Betrayal The Art World Can't Forget; The Battle for Rothko's Estate Altered Lives and Reputations ), ''The New York Times'', November 2, 1998. Accessed Jan. 6, 2013.〕〔(The Rothko Tangle ), ''Time'', Jun. 24, 1974.〕〔Burstein, Patricia and Shapiro, Harriet, (The Rothko Case: a Suicide, $32 Million in Paintings and an Angry Daughter ), ''People'', 8(24), Dec. 12, 1977. Accessed Jan. 6, 2013.〕〔Appleyard, Bryan, (Feature: The Rothko files ), ''The Sunday Times'', thesundaytimes.co.uk, October 17, 2004. Accessed Jan. 6, 2013.〕 The revelations in the case of greed, abuses of power and conspiracy〔Smith, Roberta, (Frank Lloyd, Prominent Art Dealer Convicted in the 70's Rothko Scandal, Dies at 86 ), ''The New York Times'', April 08, 1998. Accessed Jan. 6, 2013.〕 by financial interests in the art world were described by the New York Court of Appeals, the highest court of New York state, as "manifestly wrongful and indeed shocking,"〔 serving as a cautionary tale for both artists and their gallerists.
==Summary==
The entire Rothko matter involved few litigants, but many counsel, some of them with lengthy professional services over a period from 1971 to 1979. Proceedings included removal of the estate's original executors, setting aside the contracts those executors made with the Marlborough gallery, eliminating the rights of the gallery with respect to its inter vivos contracts with the artist, restoring hundreds of paintings to the artist's estate, removal proceedings to compensate the estate for paintings not returnable to it to the extent of millions of dollars, election proceedings litigating the rights of election by the children against an excessive charitable distribution, contents proceedings construing Mark Rothko's will as to the meaning of the "contents" of the family residence willed to his widow and to her estate and later by the widow's will to Rothko's children, and valuation proceedings for valuing the art, assessed costs, fees, and taxes.〔Estate of Rothko, 414 N.Y.S.2d 444, 98 Misc.2d 718 (1979).〕
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