Caesar v. Chemical Bank

—Order entered May 13, 1983, Supreme Court, New York County (Norman C. Ryp, J.), which, inter alia, certified this as a class action and granted plaintiff’s motion for partial summary judgment on the first cause of action as to liability, is affirmed, with costs.

Under section 50 of the Civil Rights Law, the use of a living person’s picture for advertising purposes without first obtaining that person’s written consent constitutes a misdemeanor. Section 51 permits an individual to maintain an equitable action to restrain such use and allows a jury to award exemplary as well as actual damages.…