Jacob v. Schiff
New York Supreme Court
Suit by Manning Jacob against Henry Schiff to restrain his use of complainant’s portrait for advertising purposes, under the Civil Rights Law, and for damages. On motion to transfer from Equity Term to Common-Law Term, on the ground that the right of complainant to "equitable relief and injunction had abated pending the action.
1Opinion of the CourtBijur, J.
Plaintiff sues under section 51 of the Civil Rights Law because of the unauthorized publication of his picture, which, he alleges, continued up to the beginning of the action. He prays for injunctive relief and money damages. Issue was joined about a year ago by service of the answer, which, for the purposes of this motion, may be regarded as a general denial. The case was noticed for trial at Special Term. Plaintiff now moves that it be sent to Trial Term, Part II, for a jury trial; the motion being made upon an affidavit which alleges that the publication of the picture has been…
2Cases cited21 opinions
- Binns v. Vitagraph Co. of AmericaNew York Court of Appeals · 1913
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ashley v. Gimbel Bros.New York Supreme Court · 1938