FLORES v. MOSLER SAFE CO.


7 N.Y.2d 276 (1959)

Joseph C. Flores, Respondent, v. Mosler Safe Company, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.


Attorney(s) appearing for the Case

Alexander Pfeiffer for appellant.

John J. O'Malley for respondent.

Judges DESMOND, FULD, FROESSEL and BURKE concur with Chief Judge CONWAY; Judge VAN VOORHIS dissents in an opinion in which Judge DYE concurs.


Chief Judge CONWAY.

This is an action for damages based upon the right of privacy created by section 51 of the Civil Rights Law. This section provides, insofar as pertinent to this action, that: "Any person whose name, portrait or picture is used * * * for advertising purposes or for the purposes of trade without the written consent * * * may maintain an equitable action * * * against * * * the * * * corporation...

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