SUTTON v. HEARST CORP.


277 A.D. 155 (1950)

Mildred F. Sutton, Respondent, v. Hearst Corporation et al., Appellants

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

June 13, 1950.


Attorney(s) appearing for the Case

Charles Henry of counsel (McCauley & Henry, attorneys), for appellants.

Roy M. Carstairs for respondent.

GLENNON and COHN, JJ., concur with DORE, J.; PECK, P. J., dissents and votes to reverse and dismiss the complaint in an opinion in which SHIENTAG, J., concurs.


DORE, J.

Plaintiff, a wife and mother, brings this action for invasion of her privacy in violation of section 51 of the Civil Rights Law, which forbids the use of the name, portrait or picture of a person without his consent for advertising purposes or for purposes of trade.

The claimed violation of the statute is a pictorial article appearing in the magazine section of defendants' publication, the text...

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