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GAUTIER v. PRO-FOOTBALL

304 N.Y. 354 (1952)

Arsene Gautier, Appellant, v. Pro-Football, Inc., Defendant, and American Broadcasting Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

Harold M. Goldblatt and Louis P. Randell for appellant.

Jonas T. Silverstone and Michael Rechler for American Guild of Variety Artists, amicus curiæ, in support of appellant's position.

Walter R. Barry and Carleton G. Eldridge, Jr., for respondents.

LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; DESMOND, J., concurs for affirmance in separate opinion: LOUGHRAN, Ch. J., and FULD, J., dissent.

FROESSEL, J.

Plaintiff, alleging a violation of his right of privacy, brought this action in the City Court of New York City pursuant to the provisions of section 51 of the Civil Rights Law, which provides: "Any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade without [such person's] written consent * * * may * * * sue and recover damages for...

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