Jamie MESSENGER, an infant under the age of eighteen, by her mother and "next friend" Donna Messenger, Plaintiff-Appellee-Cross-Appellant,
v.
GRUNER + JAHR PRINTING AND PUBLISHING, also known as Gruner + Jahr USA, Defendant-Appellant-Cross-Appellee,
Sally Lee, as editor-in-chief of "YM, Young & Modern," Defendant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: March 10, 1999.
Decided: February 28, 2000.
Attorney(s) appearing for the Case
Robert G. Sugarman, Weil, Gotshal & Manges, LLP, New York City (Jennifer Sclar, of counsel), for defendant-appellant-cross-appellee.
Mitchell A. Stein, Lieberman & Nowak, LLP, New York City, (Arthur M. Lieberman and Stephen J. King, of counsel), for plaintiff-appellee-cross-appellant.
(Slade R. Metcalf and Trina R. Hunn, Squadron, Ellenoff, Plesent & Sheinfeld, LLP, New York City, Jerry S. Birenz, Victor A. Kovner, and Laura Handman, Magazine Publishers of America, Inc., New York City, Rene P. Milam, Newspaper Association of America, Inc., Vienna, VA; R. Bruce Rich, Weil, Gotshal & Manges, New York City, and Henry L. Baumann, Jack N. Goodman, and Steven A. Bookshester, National Association of Broadcasters, Washington, DC, submitted a brief for amici curiae Magazine Publishers of America, Inc., Newspaper Association of America, Inc., The Association of American Publishers, Inc., and the National Association of Broadcasters).
Before: MCLAUGHLIN, STRAUB, and KEITH, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM.
Resolution of issue certified to the New York Court of Appeals on whether a plaintiff may recover under New York's statutory right of privacy, N.Y. Civil Rights Law §§ 50 and 51, when a publisher uses the plaintiff's image in a substantially fictionalized way to illustrate a newsworthy piece.
Reversed and remanded.
YM, Young and Modern, a magazine for teenage girls published by...
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