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ALTBACH v. KULON

302 A.D.2d 655 (2003)

754 N.Y.S.2d 709

JEFFREY S. ALTBACH, Respondent, v. FRANCISZEK C. KULON, Appellant.

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

Decided February 6, 2003.

Rose, J.

In the spring of 2000, defendant, an artist, created an oil painting that caricatured plaintiff, who is a Town Justice for the Town of Liberty, Sullivan County, as well as a lawyer in private practice, by portraying him as a devil with horns and a tail. Then, to promote the opening of his art studio and gallery, defendant distributed flyers that prominently displayed the painting along with its title, "Our Honorable Judge of Liberty," the artist's name, and...

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