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MOLONY v. BOY COMICS PUBLISHERS

277 A.D. 166 (1950)

Donald P. Molony, Appellant-Respondent, v. Boy Comics Publishers, Inc., Respondent-Appellant

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

June 13, 1950.

Attorney(s) appearing for the Case

Sidney Schreiberg for respondent-appellant.

Clarence Fried of counsel (E. F. Bateson, Jr., with him on the brief; Hawkins, Delafield & Wood, attorneys), for appellant-respondent.

GLENNON and SHIENTAG, JJ., concur with VAN VOORHIS, J.; PECK, P. J., dissents and votes to affirm on the authority of Binns v. Vitagraph Co. (210 N.Y. 51); DORE, J., dissents in opinion.

VAN VOORHIS, J.

This action to recover damages for alleged violation of plaintiff's right to privacy, based on sections 50 and 51 of the Civil Rights Law, arises from the tragic accident on July 28, 1945, when a United States Army bombing plane crashed into the Empire State Building in New York City. All of the occupants of the plane were killed. It struck the building...

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