Kunz v. Bosselman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- Andreas C. Bosselman, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 16th day of October, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint in an action brought to prevent- the unauthorized publication of plaintiff’s portrait,
1Opinion of the Court
Rich, J.:
At common law an action would not lie to restrain the publica^ tion .of one’s portrait where it was not alleged that the publication was libelous. (Roberson v. Rochester Folding Box Co., 171 N. Y. 538.) Such publication may now, however, .be restrained in this State under chapter 132 of the Laws-of 1903, which provides that 11A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian,…
2Cases cited3 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Brown v. . ChamplinNew York Court of Appeals · 1876
3Cited by3 opinions
- Sultan of Turkey v. . TiryakianNew York Court of Appeals · 1915
- Holmes v. Underwood & Underwood, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Dobbins v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1917