Legal Opinion

Morsette v. "The Final Call"

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 2003PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Nardelli, J.P.

The primary issue presented to us in this appeal is whether defendant’s callous, unauthorized use of plaintiffs randomly selected, and then altered, photograph to illustrate an article addressing the plight of incarcerated women and their families warrants an award of punitive damages.

Plaintiff Tatia Morsette is the mother of a young boy, and with an extensive background in music and the performing arts, is a successful businesswoman working as a freelance promoter and personal manager for a number of entertainers, including comedians, actors and bands.…

2Cases cited29 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  4. Lino Celle and Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enterprises Inc. And Libertito PelayoCourt of Appeals for the Second Circuit · 2000
  5. Chapadeau v. Utica Observer-Dispatch, Inc.New York Court of Appeals · 1975

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3Cited by21 opinions

  1. Stampf v. Long Island RailroadCourt of Appeals for the Second Circuit · 2014
  2. Cantu v. FlaniganDistrict Court, E.D. New York · 2010
  3. Dobies v. BrefkaAppellate Division of the Supreme Court of the State of New York · 2007
  4. Dhillon v. Bryant AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Thomas v. G2 FMV, LLCAppellate Division of the Supreme Court of the State of New York · 2017

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