Howell v. New York Post Co.

OPINION OF THE COURT

Chief Judge Kaye.

This appeal, involving a newspaper’s publication of plain*118tiff’s photograph without her consent, calls upon us to consider the relationship between two separate but potentially overlapping torts: intentional infliction of emotional distress, and invasion of the right to privacy.1

In early September 1988, plaintiff Pamela J. Howell was a patient at Four Winds Hospital, a private psychiatric facility in Westchester County. Her complaint and affidavit (accepted as true on this appeal) allege that it was imperative to her recovery that the hospitalization remain…