Nussenzweig v. diCorcia

Tom, J.P, and Malone, J., concur in a separate memorandum by Tom, J.P, as follows:

This controversy over a photograph of plaintiff Erno Nussenzweig taken by defendant Philip-Lorca

diCorcia and exhibited and sold by defendant Pace/MacGill, Inc. (collectively, defendants) raises two issues: whether the use of an individual’s likeness in a work of art is subject to an action under New York’s privacy statute (Civil Rights Law §§ 50, 51) and whether the statute of limitations governing such an action runs from the date of the first unauthorized use, as this Court has held (Costanza v Seinfeld, 279…