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  5. 77 N.Y.2d 138 (1990)
 

FINGER v. OMNI PUBLS. INTL.

77 N.Y.2d 138 (1990)

Joseph Finger et al., Individually and as Parents and Natural Guardians of John Finger and Others, Infants, Appellants, v. Omni Publications International, Ltd., Respondent.

Court of Appeals of the State of New York.

Decided December 27, 1990.

Attorney(s) appearing for the Case

Paul L. Gruner for appellants.

Laura R. Handman, Robert D. Balin and Laurence B. Sutter for respondent.

Slade R. Metcalf, Mark H. Jackson, Michael D. Remer, Tina A. Ravitz, Robert M. Cavallo, Burton Joseph, Marjorie Scardino, Deborah R. Linfield, Harry M. Johnston, III, and Karen E. Donald for The American Society of Magazine Photographers and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

ALEXANDER, J.

Plaintiffs Joseph and Ida Finger commenced this action on behalf of themselves and their six children against defendant Omni Publications International, Ltd. seeking damages for the publication, without their consent, of a photograph of plaintiffs in conjunction with an article in Omni magazine discussing a research project relating to caffeine-aided fertilization.

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