Youssoupoff v. Columbia Broadcasting System, Inc.

Order, entered on June 20, 1963, denying plaintiff’s motion and defendant’s cross motion for summary judgment, unanimously affirmed, without costs, upon the ground that neither side in our opinion made out a case for summary judgment. The circumstances surrounding the broadcast are not fully disclosed by the affidavits. We cannot determine from the record before us whether the broadcast represented a fictionalization of the historic facts nor whether the broadcast itself was for commercial purposes to bring it within the proscription of sections 50 and 51 of the Civil Rights Law. We decide no…