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DALLESANDRO v. HOLT & CO.

4 A.D.2d 470 (1957)

John Dallesandro, Appellant, v. Henry Holt and Company Incorporated (Sued Herein as Henry Holt and Company, Inc.), Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 22, 1957.

Attorney(s) appearing for the Case

Irving Kwitter of counsel (Ira Bartfield with him on the brief; Irving Kwitter, attorney), for appellant.

Joseph R. Crowley of counsel (William E. Stockhausen with him on the brief; Satterlee, Warfield & Stephens, attorneys), for respondent.

BREITEL, BOTEIN, RABIN and FRANK, JJ., concur in Per Curiam opinion; PECK, P. J., dissents in opinion.

Per Curiam.

Defendant displayed a picture on the cover of "Waterfront Priest", a book it published, that showed Father Corridan, the subject of the book, in conversation with plaintiff, a longshoreman and rank-and-file union member. We do not believe the use of this picture comes within the proscription of sections 50 and 51 of the Civil Rights Law.

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