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MORSETTE v. "THE FINAL CALL"

309 A.D.2d 249 (2003)

764 N.Y.S.2d 416

TATIA MORSETTE, Respondent, v. "THE FINAL CALL," Appellant.

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

September 25, 2003.

Attorney(s) appearing for the Case

Alan J. Rich of counsel (Baree N. Hassett on the brief; Law Offices of Alan J. Rich, attorneys), for respondent.

Joseph Fleming of counsel (Barbara Emmanuel Pershay on the brief; Joseph Fleming, P.C., attorney), for appellant.

SAXE and FRIEDMAN, JJ., concur with NARDELLI, J.P.; ROSENBERGER and MARLOW, JJ., dissent in a separate opinion by MARLOW, J.

OPINION OF THE COURT

NARDELLI, J.P.

The primary issue presented to us in this appeal is whether defendant's callous, unauthorized use of plaintiff's randomly selected, and then altered, photograph to illustrate an article addressing the plight of incarcerated women and their families warrants an award of punitive damages.

Plaintiff Tatia Morsette is the mother of a young boy, and with an extensive background in music and the performing arts, is a...

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