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LOMAX v. NEW BROAD. CO.

18 A.D.2d 229 (1963)

Betty F. Lomax, Also Known as Betty Frank, Respondent, v. New Broadcasting Co., Inc., Appellant, et al., Defendant

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

April 2, 1963.

Attorney(s) appearing for the Case

Edward Feldman of counsel (Samuel Mezansky, attorney), for appellant.

Earle Warren Zaidins for respondent.

VALENTE, J. P., and STEVENS, J., concur with McNALLY, J.; STEUER, J., dissents in opinion.

McNALLY, J.

In this action for damages under sections 50 and 51 of the Civil Rights Law, defendant-appellant appeals from the order to the extent it grants plaintiff summary judgment as to the first and second causes of action and directs an assessment.

Defendant-appellant alleges, and we assume for the purpose of the motion, the facts establishing plaintiff's consent to the use set forth in the dissenting opinion of Mr. Justice STEUER. Nevertheless...

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