137. ALTMANN incorporates here by reference paragraphs 1 through 97.

138. After Ferdinand's death in November, 1945, ALTMANN was entitled to recover possession of the six Klimt paintings: Adele Bloch-Bauer I; Adele Bloch-Bauer II; Beechwood; Apple Tree I; Houses in Unterach am Attersee; and Amalie Zuckerkandl.

139. The AUSTRIAN GALLERY unlawfully withheld possession from ALTMANN of the three Klimt paintings taken during the War.

140. The AUSTRIAN GALLERY unlawfully obtained possession of two paintings based on deceitful and false claims of ownership and duress, and through an unauthorized “donation” obtained from Dr. Rinesch as a result of those deceitful and false claims and duress.

141. The AUSTRIAN GALLERY obtained ownership of one further painting, Amalie Zuckerkandl, in 1988, and thereafter made false claims of provenance for the painting which hid the true fact that it was stolen from Ferdinand Bloch-Bauer and rightfully belonged to ALTMANN and his other heirs.

142. ALTMANN did not learn, and could not reasonably have learned, of the facts revealing the false ownership claims until 1999.

143. ALTMANN has been damaged by the conversion of her property, and is entitled to either a recovery of the property, or payment of her interest in the paintings, which interest is valued at approximately $150 million and will be subject to proof at trial.