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MESSENGER v. GRUNER + JAHR PRINTING AND PUB.

Nos. 98-7767, 98-7865.

208 F.3d 122 (2000)

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.

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.

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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