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SALOMONE v. MacMILLAN PUBL'G CO., INC.

77 A.D.2d 501 (1980)

Alphonse Salomone, Respondent, v. MacMillan Publishing Co., Inc., Appellant, and Dawn Publications, Inc., Defendant and Third-Party Plaintiff-Appellant. Peggy Goldman, Third-Party Defendant; Janie Gaynor et al., Third-Party Defendants-Appellants

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

July 3, 1980

Unanimously reversed on the law and the motions for summary judgment granted dismissing the complaint, without costs or disbursements.

In 1955 a book of cartoons, Eloise, was published about a fictional six-year-old — precocious, spoiled and lovable — who lived at the Plaza Hotel with her nanny. One of its drawings had a man bowing from the waist and Eloise curtsying in return. In its caption Eloise states...

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