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NAMATH v. SPORTS ILLUS.

48 A.D.2d 487 (1975)

Joseph W. Namath, Also Known as Joe Namath, Appellant, v. Sports Illustrated, a Division of Time Incorporated, et al., Respondents

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

July 10, 1975

Attorney(s) appearing for the Case

Martin E. Silfen of counsel (Stephen Gillers with him on the brief; Carl R. Sloan, attorney), for appellant.

Harold R. Medina, Jr., of counsel (Kenneth M. Kramer with him on the brief; Cravath, Swaine & Moore, attorneys), for Time Incorporated, respondent.

LANE AND NUNEZ, JJ., concur with CAPOZZOLI, J.; KUPFERMAN J. P., and MURPHY, J., dissent in an opinion by KUPFERMAN, J. P.

CAPOZZOLI, J.

Plaintiff sought substantial compensatory and punitive damages by reason of defendants' publication and use of plaintiff's photograph without his consent. That photograph, which was originally used by defendants, without objection from plaintiff, in conjunction with a news article published by them on the 1969 Super Bowl Game, was used in advertisements promoting subscriptions to their magazine...

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