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PAGAN v. N. Y. HERALD TRIBUNE

32 A.D.2d 341 (1969)

Michael Pagan, an Infant, by Jose Pagan, His Father and Natural Guardian, et al., Respondents, v. New York Herald Tribune, Inc., et al., Appellants, et al., Defendant

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

June 24, 1969.

Attorney(s) appearing for the Case

E. Douglas Hamilton of counsel (John D. Kousi, Donald G. McCabe and Terry K. Glenn with him on the brief; Hall, McNicoll, Marett & Hamilton, attorneys), for appellants.

Martin Levine of counsel (Joseph Friedberg, attorney), for respondents.

STEVENS, P. J., and STEUER, J., concur with EAGER, J.; NUNEZ, J., dissents in opinion, in which McGIVERN, J., concurs.

EAGER, J.

This action is brought to recover damages for the publication without the consent of plaintiffs (infant boys apparently under 10 years of age) of their pictures in June, 1965, in the "New York", a magazine supplement published and circulated with the Sunday edition of the former New York Herald Tribune. The defendants, New York Herald Tribune, Inc. and a fashion editor then in its employ, appeal from an order which denied their motion...

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