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DOE v. CBS BROADCASTING INC.

24 A.D.3d 215 (2005)

806 N.Y.S.2d 38

"J. DOE NO. 1" et al., Appellants, v. CBS BROADCASTING INC. et al., Respondents.

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

December 13, 2005.

The action was not properly brought pseudonymously since plaintiffs have not alleged a matter implicating a privacy right so substantial as to outweigh the customary and constitutionally embedded presumption of openness in judicial proceedings (see e.g. Doe v. New York Univ., 6 Misc.3d 866 [2004]). Dismissal of the complaint was additionally warranted by plaintiffs' failure to allege a legally cognizable cause of action. Although...

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