Swacker v. Wright

This is a motion to dismiss the complaint as insufficient in law. The complaint is predicated upon section 51 of the Civil Rights Law, which affords a remedy both in equity and at law to “ Any person whose name * * * is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained.” The plaintiff, Frank M. Swacker, is an attorney at law who has had an extensive practice, and who during the course of his career has acted as special assistant to the Attorney-General of the United States in the prosecution of *823anti-trust cases. He claims…