Maxwell v. N.W. Ayer, Inc.

OPINION OF THE COURT

Joan B. Lobis, J.

The primary issue to be determined on this motion is whether there is any statutory or common-law claim for imitation of a voice. Plaintiff performed the voice of "Punchy” for many years on the Hawaiian Punch television commercials. He now claims that defendants imitated his voice in subsequent commercials without his consent. Plaintiff has also asserted a claim under section 296 of the New York Executive Law alleging discrimination by reason of disability. Defendants have made a motion for summary judgment to dismiss the entire complaint. For the reasons…