SPAHN v. MESSNER, INC.


23 A.D.2d 216 (1965)

Warren E. Spahn, Respondent-Appellant, v. Julian Messner, Inc., et al., Appellants-Respondents

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

May 18, 1965.


Attorney(s) appearing for the Case

Philip Wittenberg of counsel (Selig J. Levitan and Raymond B. Harding with him on the brief; Wittenberg, Carrington & Farnsworth, attorneys), for appellants-respondents.

Earle Warren Zaidins (Harvey J. Michelman with him on the brief), attorney for respondent-appellant.

RABIN, McNALLY and STEVENS, JJ., concur.


BREITEL, J. P.

Plaintiff, a well-known baseball pitcher, obtained compensatory damages of $10,000 and an injunction, after trial without a jury, for invasion of his right of privacy under sections 50 and 51 of the Civil Rights Law. The invasion consisted of an unauthorized fictionalized biography of plaintiff published for a juvenile readership. Defendants publisher and author appeal. They argue that the publication...

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