Geary v. Town Sports International Holding, Inc.

*513OPINION OF THE COURT

Marylin G. Diamond, J.

This action is brought pursuant to Civil Rights Law §§ 50 and 51, which proscribe the use of a living person’s name, portrait or picture for advertising purposes without first having obtained the person’s consent. The defendant herein, Town Sports International Holding, Inc. (TSI), operates sports clubs throughout the United States. In 1999, a photograph was taken of the plaintiff, Robert F. Geary, while he was playing football. Shortly thereafter, a copy of the photograph was first installed at a TSI club, where it allegedly remains. Copies of the…