WALDEN v. F. W. WOOLWORTH CO.


138 A.D.2d 261 (1988)

Lynette Walden, Appellant, v. F. W. Woolworth Co. et al., Respondent and Berkshire Fashions, Inc., Respondent and Third-Party Plaintiff, et al., Third-Party Defendant

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

March 10, 1988


In this statutory right of privacy action (Civil Rights Law §§ 50, 51), partial summary judgment on liability and permanent injunctive relief were properly granted since defendants were unable to offer a meritorious defense to the unauthorized marketing of plaintiff's photograph on packages, or hang tags attached to articles, of clothing manufactured, distributed or sold by them. They argued verbal consent, clearly unavailing under the statute (Brinkley v Cassablancas...

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