Dzurenko v. Jordache, Inc.

Kupferman, J. P.,

dissents in part in a memorandum as follows: I dissent and would reverse and reinstate the causes of action for violation of right of privacy as against the defendants-respondents Jordache, Inc. and Harvard, Peskin and Edrick, Inc. (H. P. & E.). The plaintiff is a fashion model. In 1979, through the advertising agency H. P. & E. for defendant Jordache, a company which manufactures jeans, he was asked to participate in a photo session for which he signed a release. He specifically wrote in on the consent form the words “magazine ad use only”. The picture was later widely used…