Pagan v. New York Herald Tribune, Inc.
| Decision Date | 09 April 1970 |
| Citation | 310 N.Y.S.2d 327,26 N.Y.2d 941 |
| Parties | , 258 N.E.2d 727 Michael PAGAN, an Infant, by Jose Pagan, his father and natural guardian et al., etc., Appellants, v. NEW YORK HERALD TRIBUNE, INC., Respondent, and Susan Greenberg Wood, etc., Defendant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 32 A.D.2d 341, 301 N.Y.S.2d 120.
Martin Levine and Joseph Friedberg, New York City, for appellants.
E. Douglas Hamilton, John D. Kousi and Donald G. McCabe, New York City, for respondents.
Action was brought by two boys under the Civil Rights Law, Consol. Laws, c. 6, §§ 50 and 51 to recover damages for publication, without their consent, of their picture. The pictures of the boys appeared in two beach scene photographs published primarily for purpose of depicting swim suits worn by girl model on beach. The scenes were apparently arranged for purpose of focusing attention on model wearing the swim suits, with the boys playing or standing on the beach in the vicinity of the model. The boys, as they appeared in the photograph scene, were identifiable but their names were not mentioned.
The Special Term, Arthur Markewich, J., denied the motion of the defendants for summary judgment, and the defendants appealed.
The Appellate Division, Eager, J., reversed the order granted the motion, and dismissed complaint. Nunez and McGivern, JJ., dissented. The Appellate Division held that use of photographs was not for advertising purposes in violation of the right of privacy statute.
The boys appealed to the Court of Appeals, contending that right of privacy, dependent though it be on statute, is nonetheless a substantial one, and that photographs and use for publication violated he Civil Rights Law §§ 50 and 51, and that photographs were used for purposes of trade.
Order affirmed, without costs.
All concur.
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