Legal Opinion

Murray v. New York Magazine Co.

New York Court of Appeals

Decided January 21, 1971PublishedCited by 54 opinions

1Opinion of the Court

Chief Judge Fuld.

This is an action, brought pursuant to section 51 of the Civil Rights Law, to recover damages for an alleged invasion of privacy arising out of the defendant’s unauthorized use of the plaintiff’s photograph on the cover of an issue of New York magazine, which is published and distributed by the defendant.

The plaintiff sells newspapers in Queens County. Although he is not of Irish extraction, it was his practice each year to attend the St. Patrick’s Day Parade in Manhattan, attired in what has been regarded as typically Irish garb — a so-called “ Irish ” hat, green bow tie and…

2Cases cited2 opinions

  1. Gautier v. Pro-Football, Inc.New York Court of Appeals · 1952
  2. Oma v. Hillman Periodicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1953

3Cited by54 opinions

  1. Howell v. New York Post Co.New York Court of Appeals · 1993
  2. Arrington v. New York Times Co.New York Court of Appeals · 1982
  3. Jackie Collins Lerman v. Flynt Distributing Co., Inc.Court of Appeals for the Second Circuit · 1984
  4. Stephano v. News Group Publications, Inc.New York Court of Appeals · 1984
  5. Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981

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