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FRANCICA v. FUN WORLD

138 Misc.2d 628 (1988)

Jo-Ann L. Francica, Plaintiff, v. Fun World et al., Defendants and Third-Party Plaintiffs. Merling Marx & Seidman et al., Third-Party Defendants.

Supreme Court, Nassau County.

January 6, 1988

Attorney(s) appearing for the Case

Gladstein & Isaac and Amos Weinberg for third-party defendants. Eisenberg, Margolis & Gottfried for plaintiff.

JOHN S. LOCKMAN, J.

Motion by third-party defendants for dismissal and cross motion by defendant for summary judgment are granted. Cross motion by plaintiff for sanctions is denied.

The only remedy available for invasion of privacy is that created by Civil Rights Law §§ 50 and 51 (Freihofer v Hearst Corp., 65 N.Y.2d 135). The statute must be strictly construed, as one in derogation of the common...

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