Wrangell v. C. F. Hathaway Co.

Order, entered on January 6, 1964, denying, motion made under CPLR 3211 to dismiss complaint for failure to state a cause of action, unanimously reversed, on the law, with $30 costs and disbursements to appellants, and the motion granted, with $10 costs. The complaint is founded upon section 51 of the Civil Rights Law, the plaintiff alleging that the defendant C. E. Hathaway Company violated his right to privacy by using his photograph in connection with its advertisements of certain women’s blouses. The complaint and exhibits attached thereto show that for years plaintiff had been in the…