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MURRAY v. NEW YORK MAG. CO.

27 N.Y.2d 406 (1971)

Duncan C. Murray, Respondent, v. New York Magazine Company, Appellant.

Court of Appeals of the State of New York.

Decided January 21, 1971.

Attorney(s) appearing for the Case

E. Douglas Hamilton, Donald G. McCabe and Blake T. Newton, III for appellant.

Sylvain Segal, Jr. and Howard S. Dorris for respondent.

Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.

Chief Judge FULD.

This is an action, brought pursuant to section 51 of the Civil Rights Law, to recover damages for an alleged invasion of privacy arising out of the defendant's unauthorized use of the plaintiff's photograph on the cover of an issue of New York magazine, which is published and distributed by the defendant.

The plaintiff sells newspapers...

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