MAXWELL v. N.W. AYER, INC.


159 Misc.2d 454 (1993)

605 N.Y.S.2d 174

Len Maxwell, Plaintiff, v. N.W. Ayer, Inc., et al., Defendants.

Supreme Court, New York County.

September 13, 1993


Attorney(s) appearing for the Case

Lesnevich & Marzano-Lesnevich, New York City (Walter A. Lesnevich of counsel), for plaintiff. Satterlee Stephens Burke & Burke, New York City (Robert M. Callagy and Gillian M. Lusins of counsel), for defendants.


JOAN B. LOBIS, J.

The primary issue to be determined on this motion is whether there is any statutory or common-law claim for imitation of a voice. Plaintiff performed the voice of "Punchy" for many years on the Hawaiian Punch television commercials. He now claims that defendants imitated his voice in subsequent commercials without his consent. Plaintiff has also asserted a claim under section 296 of the New...

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