Brociner v. Radio Wire Television, Inc.

Defendant moves for summary judgment, pursuant to rule 114 of the Rules of Civil Practice, upon the first cause of action. It rests upon a claimed violation of the Civil Rights Law.

Plaintiff was in contractual relationship with the defendant and designed certain devices for it. He complains that, in its advertising, defendant named the plaintiff as designer of the devices offered for sale and thereby used his name for purposes of trade and without consent. The advertising copy is attached to the complaint, and plaintiff alleges concerning it that defendant thereby indirectly implied that he…