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Safani Gallery Inc. v. The Italian Republic

FSIA Deprives Court of Jurisdiction Over Ownership of Marble 'Head of Alexander'

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OPINION & ORDER Plaintiff Safani Gallery, Inc. (“Safani” or “Plaintiff”) brings this action against the Italian Republic (“Italy” or “Defendant”). Plaintiff alleges that Italy caused the non-party Manhattan District Attorney’s Office (“Manhattan DA” or “DA”) to take from Plaintiff, pursuant to law enforcement process, a historical artifact that Plaintiff alleges is rightfully its property. Plaintiff asserts claims for conversion, replevin, unjust enrichment, and declaratory judgment. Before me is Italy’s motion to dismiss the action for lack of subject matter jurisdiction pursuant to the Foreign Sovereign Immunities Act of 1976 (“FSIA”). Because I find that the FSIA does deprive the Court of subject matter jurisdiction, the motion to dismiss is GRANTED. I. Background¹ Safani Gallery is a New York corporation in the business of acquiring and selling historical artifacts. (Am. Compl. 4.) Safani Gallery purchased a marble sculpture head that the parties refer to as the “Head of Alexander,” or the “Head,” in 2017, for around $152,625. (Id. 8). Plaintiff took various steps to “investigate[] the Head['s]…provenance,” (id.

11-18), and came to believe that the Head was neither stolen property nor otherwise subject to another’s claim of rightful ownership, (see id.

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