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PALMISANO v. MODERNISMO PUBL'N, LTD.

98 A.D.2d 953 (1983)

Richard J. Palmisano, Respondent, v. Modernismo Publications, Ltd., et al., Appellants

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

December 16, 1983

Order unanimously affirmed, without costs.

Memorandum:

Plaintiff sued the publisher and the distributor of a magazine which appeals to homosexual males and alleged two causes of action. First, plaintiff alleged that defendants used his photograph without his consent for advertising purposes in violation of section 51 of the Civil Rights Law. Plaintiff also alleged libel in that the advertisement contained false and...

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