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PARISH v. HENNEBERRY RD. FARMS, INC.

39 N.Y.2d 932 (1976)

Howard L. Parish, Respondent, v. Henneberry Road Farms, Inc., Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Raymond T. Miles for appellant.

Sanford Robert Shapiro for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur; Chief Judge BREITEL concurs in result in a separate opinion in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Plaintiff, an employee of an advertising agency, went to a farm leased to and operated by defendant Henneberry Road Farms, Inc., together with coemployees to take promotional photographs showing an Agway petroleum truck delivering fuel oil to a farm property, a milk delivery truck to be in the background. It was decided that the pictures should be...

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