Suss v. New York Media, Inc.

The offending photograph appeared in the May 7, 2007 issue of the magazine; defendants assert that such issue was distributed to newsstands in Manhattan on April 28 and April 29 2007; the action was commenced on April 30, 2008; and it is undisputed that both of plaintiffs claims are governed by the one-year statute of limitations. To prove their claim of distribution on April 28 and April 29, defendants submitted the affida*412vit of the magazine’s officer with personal knowledge of the magazine’s printing and publication practices; the affidavits of an individual who was personally involved in…