MOLINA v. PHOENIX SOUND INC.


297 A.D.2d 595 (2002)

747 N.Y.S.2d 227

REENIE MOLINA, Respondent, v. PHOENIX SOUND INC., Doing Business as SOUND FACTORY, Appellant.

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

Decided September 26, 2002.


Plaintiff's first cause of action alleges that, for the purposes of advertising its adult nightclub, defendant Phoenix Sound Inc., doing business as Sound Factory, had, without plaintiff's consent, widely disseminated and distributed flyers containing a picture of her. She alleges that, because she never consented to this use of her image, it violates Civil Rights Law §§ 50 and 51. These two sections create a cause of action in favor of "[a]ny person whose name...

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