NIEVES v. HOME BOX OFFICE, INC.


30 A.D.3d 1143 (2006)

817 N.Y.S.2d 227

CHANTI NIEVES, Respondent, v. HOME BOX OFFICE, INC., et al., Appellants.

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

June 6, 2006.


Plaintiff seeks to recover damages pursuant to Civil Rights Law § 51 for the unauthorized use of her image in a television show produced and aired by defendants about a family of bounty hunters. It is undisputed that plaintiff's image was used during the show and that its use was accompanied by remarks by the show's cast in which the subject of plaintiff's sexual allure was crudely debated. Inasmuch as defendants failed to demonstrate that the use of plaintiff's image...

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