WOJTOWICZ v. DELACORTE PRESS


58 A.D.2d 45 (1977)

Carmen Wojtowicz, Individually and as Mother and Natural Guardian of Dawn M. Wojtowicz and Another, Infants, Respondents, v. Delacorte Press et al., Appellants, et al., Defendants

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

June 9, 1977


Attorney(s) appearing for the Case

Eugene L. Girden of counsel (Carleton G. Eldridge, Jr., Pamela G. Ostrager and Joseph D. Karp with him on brief; Coudert Brothers, attorneys), for Warner Bros., Inc. and another, appellants.

Roger Bryant Hunting of counsel (Jeremy Nussbaum, Nathan Z. Dershowitz and Richard Paul Richman with him on the brief; Greenbaum, Wolff & Ernst, attorneys), for Delacorte Press and another, appellants.

William G. O'Donnell (Stuart F. Gartner with him on the brief), attorney for Carmen Wojtowicz, individually and as natural guardian, respondents.

Irwin Karp for the Authors League of America, Inc., amicus curiae.

KUPFERMAN, J. P., BIRNS, EVANS and YESAWICH, JJ., concur.


CAPOZZOLI, J.

Defendants seek dismissal of the first, second, fifth, sixth, ninth and tenth causes of action in the complaint herein.

We are faced with the question of whether, on the uncontroverted facts in this record, plaintiffs have any cause of action for invasion of their right to privacy under sections 50 and 51 of the New York Civil Rights Law. We conclude that they do not.

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