DuBray v. Warner Bros. Records, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 26, 1996, which granted plaintiffs’ motion to discontinue the action without prejudice pursuant to CPLR 3217 (b), unanimously reversed, on the law and the facts, without costs, and the motion denied, with leave to amend the first and third causes of action in accordance with the law of South Dakota.
This lawsuit involves the allegedly unauthorized use of a photograph of Eternity DuBray and his mother, taken in 1984 when Eternity was four years old. The photograph appeared in a book of the defendant photographer’s…
2Cases cited4 opinions
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- Schultz v. KobusAppellate Division of the Supreme Court of the State of New York · 1962
- Laurentis v. BercowitzAppellate Division of the Supreme Court of the State of New York · 1967
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