BOOTH v. CURTIS PUBL'G CO.


15 A.D.2d 343 (1962)

Shirley Booth, Respondent, v. Curtis Publishing Company et al., Appellants

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

January 30, 1962.


Attorney(s) appearing for the Case

Harold R. Medina, Jr., of counsel (Thomas D. Kent with him on the brief; Cravath, Swaine & Moore, attorneys), for appellants.

George G. Gallantz of counsel (Colton, Gallantz & Fernbach, attorneys), for respondent.

BOTEIN, P. J., VALENTE and STEVENS, JJ., concur with BREITEL, J.; EAGER, J. dissents in opinion.


BREITEL, J.

Plaintiff, a well-known actress in the theatre, motion pictures, and television, recovered a damage award of $17,500, after a jury trial, for invasion of her right of privacy in violation of sections 50 and 51 of the Civil Rights Law. Defendant Curtis, publisher of a number of widely circulated magazines, and its advertising agency, have appealed. They argue that there was no breach of privacy and...

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