ARRINGTON v. NY TIMES CO.


55 N.Y.2d 433 (1982)

Clarence W. Arrington, Appellant, v. The New York Times Company et al., Respondents.

Court of Appeals of the State of New York.

Decided April 7, 1982.


Attorney(s) appearing for the Case

Herve Gouraige, Donald J. Zoeller, John J. Kirby, Jr., and Douglas M. Parker for appellant.

Floyd Abrams, Dean Ringel, Howard G. Sloane, Richard Coll, Katherine P. Darrow and George Freeman for The New York Times Company, respondent.

Tennyson Schad for Contact Press Images, Inc., and others, respondents.

Chief Judge COOKE and Judge MEYER concur with Judge FUCHSBERG; Judges JASEN, GABRIELLI and JONES concur in result in a concurring memorandum; Judge WACHTLER taking no part.


FUCHSBERG, J.

This action, for money damages and injunctive relief, arises from the New York Times Magazine's nonconsensual publication of plaintiff Clarence W. Arrington's photograph as the most prominent illustration of a feature article entitled "The Black Middle Class: Making It". The magazine, a part of the Sunday edition of The New York Times, is circulated widely throughout city, State, and...

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