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RAND v. HEARST CORP.

31 A.D.2d 406 (1969)

Ayn Rand, Respondent, v. Hearst Corporation, Appellant

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

March 18, 1969.

Attorney(s) appearing for the Case

Alfred H. Wasserstrom of counsel (Sherman H. Saiger with him on the brief; Lipton, Brennan & Wasserstrom, attorneys), for appellant.

Henry Mark Holzer of counsel (Erika Holzer with him on the brief), for respondent.

Weil, Gotshal & Manges (Horace S. Manges, Edward C. Wallace and Marshall C. Berger on the brief) of counsel for American Book Publishers Council, Inc., amicus curiæ.

CAPOZZOLI, J. P., McGIVERN and NUNEZ, JJ., concur with RABIN, J.; STEUER, J., dissents in opinion.

RABIN, J.

Once again we are called upon to determine whether the right of privacy of a public figure has been invaded to a point where it can be said that sections 50 and 51 of the Civil Rights Law have been violated.

At what point may a public figure use the shield of privacy to protect against the use of his or her name — particularly when used in a manner that could be said to be of public interest? Specifically, may this plaintiff,...

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