Almind v. Sea Beach Co.
New York Supreme Court
Trial in equity for an interlocutory judgment enjoining the use of plaintiff’s photograph in violation of the Civil Rights Law (Laws of 1909, chap. 14).
1Opinion of the CourtKapper, J.
In the view I take of this ease it is unnecessary to decide that the use made of the plaintiff’s picture was either for advertising or for trade purposes within the meaning of the statute (Civil Rights Law, § 51). The picture complained of purports to show the plaintiff seated in a trolley car with a number of other persons and the figure of a man holding one of the car stanchions while a portion of his body lay upon the ground as though he was being dragged. The car was not being used for transit at the time, but solely for the purposes of photography. This particular picture is about eight…
2Cases cited1 opinion
- Wendell v. Conduit Machine Co.New York Supreme Court · 1911
3Cited by2 opinions
- Durgom v. Columbia Broadcasting System, Inc.New York Supreme Court · 1961
- Alexandre v. Westchester Newspapers, Inc.Mount Vernon City Court · 1938