GAUTIER v. PRO-FOOTBALL, INC.


278 A.D. 431 (1951)

Arsene Gautier, Respondent, v. Pro-Football, Inc., Defendant, and American Broadcasting Co., Inc., et al., Appellants

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

June 29, 1951.


Attorney(s) appearing for the Case

Walter R. Barry of counsel (Coudert Brothers, attorneys), for appellants.

Harold M. Goldblatt of counsel (Louis P. Randell, attorney), for respondent.

PECK, P. J., GLENNON and CALLAHAN, JJ., concur; COHN, J., dissents and votes to affirm.


SHIENTAG, J.

Plaintiff brings this action alleging that defendants, without authorization, used his name and picture for advertising purposes and purposes of trade in violation of section 51 of the Civil Rights Law. Plaintiff received a judgment of $500 which was unanimously affirmed by the Appellate Term. By permission of this court, defendants have appealed from the determination of the Appellate Term.

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