WARD v. KLEIN


10 Misc.3d 648 (2005)

809 N.Y.S.2d 828

GEORGEANN WALSH WARD, Plaintiff, v. GENE KLEIN, Also Known as GENE SIMMONS, et al., Defendants.

Supreme Court, New York County.

November 9, 2005.


Attorney(s) appearing for the Case

Davis Wright Tremaine LLP, New York City (Linda Steinman of counsel), for defendants.

Benedict P. Morelli & Associates, P.C., New York City (Martha M. McBrayer of counsel), for plaintiff.


OPINION OF THE COURT

ROSALYN RICHTER, J.

In this action, plaintiff Georgeann Walsh Ward alleges defamation and right of privacy violations based on the use of her photograph, without her knowledge or consent, in a documentary produced by defendant Viacom International, Inc. Defendant Gene Klein, also known as Gene Simmons, is the bass-playing cofounder of KISS, a rock and roll band that came to prominence in the 1970s.1 According...

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