DELAN v. CBS, INC.


91 A.D.2d 255 (1983)

David Delan, by His Guardian ad Litem, Elaine Delan, Respondent, v. CBS, Inc., et al., Appellants

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

January 24, 1983


Attorney(s) appearing for the Case

Coudert Brothers (Carleton G. Eldridge, Jr., Pamela G. Ostrager, Diane E. Rowley and Ronald E. Guttman of counsel), for appellants.

Vincent P. Di Stephan for respondents.

Alfred L. Schwartz (Muriel Henle Reis of counsel), for Metromedia, Inc., and Patricia J. Murphy for American Broadcasting Companies, Inc., amici curiae (one brief).

Irwin Karp for the Authors League of America, Inc., amicus curiae.

Jay E. Gerber and Barbara Gordon Hering for National Broadcasting Company, Inc., amicus curiae.

Steven R. Shapiro and Diana Tanaka for the New York Civil Liberties Union, amicus curiae.

Stuart W. Gold, Philip A. Byler and Cravath, Swaine & Moore (Harry M. Johnston and June A. Eichbaum of counsel), for Time Incorporated, amicus curiae.

DAMIANI, J. P., TITONE and WEINSTEIN, JJ., concur.


BRACKEN, J.

May a mentally disabled patient in a State mental hospital, whose picture appears for approximately four seconds in a 60-minute telecast of a nonfictitious news documentary about the effects of, and alternatives to, institutionalization in mental hospitals, maintain a cause of action under the New York "right of privacy" statute (Civil Rights Law, §§ 50, 51)?*

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