Polimeni v. Asbestos Lead & Hazardous Waste Laborers' Local 78

*827As the Supreme Court correctly concluded, the first cause of action to recover damages pursuant to Civil Rights Law §§ 50 and 51 for invasion of the plaintiff Vincent Polimeni’s right of privacy fails to state a cause of action upon which relief can be granted, as the flyer on which Polimeni’s name and photograph appeared was not used for advertising or trade purposes (see Kane v Orange County Publs., 232 AD2d 526, 526-527 [1996]; cf. Beverley v Choices Women’s Med. Ctr., 78 NY2d 745, 751 [1991]). Moreover, the flyer falls within the public interest exception to Civil Rights Law §§ 50 and 51…