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STEPHANO v. NEWS GROUP

98 A.D.2d 287 (1984)

Tony Stephano, Appellant, v. News Group Publications, Inc., Respondent

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

January 5, 1984

Attorney(s) appearing for the Case

A. Richard Golub for appellant (Gary S. Graifman with him on the brief).

Slade R. Metcalf of counsel (Eugenie C. Gavenchak with him on the brief; Squadron, Ellenoff, Plesent & Lehrer, attorneys), for respondent.

MILONAS and KASSAL, JJ., concur with MURPHY, P. J.; FEIN, J., concurs in an opinion; ASCH, J., dissents in an opinion.

MURPHY, P. J.

Plaintiff Stephano is a professional model who is paid a fee for the use or publication of his photograph. Defendant News Group Publications, Inc., the publisher of New York Magazine (the Magazine), contacted the plaintiff in July of 1981 to do an article on men's fall fashions. Plaintiff avers that he orally agreed with defendant that the photographs, taken in that shooting session, were only to be used in that one article. There...

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