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HILL v. HAYES

18 A.D.2d 485 (1963)

James J. Hill et al., Respondents, v. Joseph Hayes et al., Defendants, and Time, Inc., Appellant

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

May 14, 1963.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., of counsel (Oliver C. Biddle and Alan J. Hruska with him on the brief; Cravath, Swaine & Moore, attorneys), for appellant.

Leonard Garment of counsel (Donald J. Zoeller with him on the brief; Mudge, Stern, Baldwin & Todd, attorneys), for respondents.

VALENTE and McNALLY, JJ., concur with STEVENS, J.; RABIN, J., concurs in opinion; BOTEIN, P. J., dissents in part in opinion.

STEVENS, J.

This is an appeal from a judgment entered after a jury trial which resulted in a verdict for the plaintiffs. The action is one for damages based on a violation of plaintiffs' right of privacy under section 51 of the Civil Rights Law. This section, in pertinent part, provides: "Any person whose name, portrait or picture is used within this state for advertising purposes or for the purposes of trade...

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