Cohen v. Herbal Concepts, Inc.

Kassal, J. (concurring).

Plaintiffs appeal from an order which granted the motions by defendants, The Hearst Corporation (Hearst), The Conde Nast Publications, Inc. (Conde Nast), and James Krieger (Krieger), for summary judgment dismissing the first and second causes of action alleging an invasion of plaintiffs’ right to privacy under sections 50 and 51 of the New York Civil Rights Law.

The issue is whether the photograph, concededly published in magazines for advertising purposes, amounts to a *176portrait or picture of the plaintiffs within the contemplation of the statute and whether the…