Legal Opinion
Welch v. Mr. Christmas Inc.
New York Court of Appeals
Decided October 7, 1982PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Knowledge is not an element of the cause of action created by section 51 of the Civil Rights Law for compensatory damages and injunctive relief, nor will a written consent of the person whose name, picture or portrait is used which, by its terms, has expired at the time of the use complained of protect against the award of such relief under the statute. Neither malice nor recklessness need be shown for recovery in such an action of exemplary damages, it being sufficient for recovery of such damages to prove that “defendant shall have knowingly used” plaintiff’s…
2Cases cited14 opinions
- Garrity v. Lyle Stuart, Inc.New York Court of Appeals · 1976
- Arrington v. New York Times Co.New York Court of Appeals · 1982
- Barry v. ManglassNew York Court of Appeals · 1981
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Hartford Accident & Indemnity Co. v. Village of HempsteadNew York Court of Appeals · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Jackie Collins Lerman v. Flynt Distributing Co., Inc.Court of Appeals for the Second Circuit · 1984
- Home Insurance v. American Home Products Corp.New York Court of Appeals · 1990
- Stephano v. News Group Publications, Inc.New York Court of Appeals · 1984
- Giblin v. MurphyNew York Court of Appeals · 1988
- Jongeward v. BNSF Railway Co.Washington Supreme Court · 2012
42 more not listed; retrieve them via the Exa API.