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GUERRERO v. CARVA

10 A.D.3d 105 (2004)

779 N.Y.S.2d 12

WILLIAM GUERRERO et al., Appellants, v. GEORGE CARVA et al., Respondents. WILLIAM GUERRERO et al., Appellants-Respondents, v. GEORGE CARVA et al., Respondents-Appellants.

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

June 17, 2004.

Attorney(s) appearing for the Case

Law Offices of Michael A. Haskel, Garden City (Leonard Gekhman, Michael A. Haskel and Seanan L. Reidy of counsel), for appellants and appellants-respondents.

Leslie Salzman, Cardozo Bet Tzedek Legal Services, New York City (Sara Hiltzik and Sunny Jung of counsel), for respondents and respondents-appellants.

Nardelli, J.P., Mazzarelli and Saxe, JJ., concur.

OPINION OF THE COURT

GONZALES, J.

The two issues to be decided on this appeal are whether Supreme Court properly dismissed plaintiffs' defamation causes of action on the ground that the statements contained in certain flyers distributed by defendants constituted merely hyperbolic expressions of opinion that are not actionable, and whether the use of the individual plaintiff's photograph in one of the flyers violated his right to privacy under the Civil Rights...

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