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

131. The AUSTRIAN GALLERY claims that ALTMANN, or the attorney purporting to represent her, Dr. Rinesch, agreed in April 1948 to acknowledge the request in Adele's will and effectively "donated" five of the six Klimt paintings referenced in Adele's will to the AUSTRIAN GALLERY.

132. ALTMANN alleges that any purported "donation" of the Klimt paintings to the AUSTRIAN GALLERY was made by mistake, or under duress, or without authority from ALTMANN.

133. At the time of the purported "donation," Dr. Rinesch and Ferdinand’s heirs were under the mistaken belief that Adele and Ferdinand had legally donated the Klimt paintings to the AUSTRIAN GALLERY. The AUSTRIAN GALLERY was responsible for this mistaken belief, knew that Ferdinand’s heirs and Dr. Rinesch held the mistaken belief, and knew that it was false at the time of the purported donation in April 1948.

134. At the time of the purported "donation," ALTMANN was under severe economic duress, having been deprived of all her property taken by the Nazis, as well as her inheritance.  The AUSTRIAN GALLERY was responsible for this duress because it purposely withheld property from the heirs and conspired with the Federal Monument Agency to delay the granting of export permits for artworks belonging to the heirs.

135. At the time of the purported "donation," Dr. Rinesch was not authorized to act on ALTMANN's behalf.

136. As a result, ALTMANN is entitled to rescind the purported "donation" and recover the donated artworks from the AUSTRIAN GALLERY.