CAESAR v. CHEM. BANK


106 A.D.2d 353 (1984)

Neville F. Caesar, on Behalf of Himself and All Other Employees of Chemical Bank Similarly Situated, Respondent, v. Chemical Bank, Appellant

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

December 20, 1984


Under section 50 of the Civil Rights Law, the use of a living person's picture for advertising purposes without first obtaining that person's written consent constitutes a misdemeanor. Section 51 permits an individual to maintain an equitable action to restrain such use and allows a jury to award exemplary as well as actual damages. The statute admits of no exceptions, nor have the courts imputed any in "special" circumstances, such as within the employer-employee relationship...

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