STOCKLAND MARTEL, INC. v. DONALD J. PLINER OF FLORIDA, INC.


32 A.D.3d 779 (2006)

821 N.Y.S.2d 555

STOCKLAND MARTEL, INC., et al., Respondents, v. DONALD J. PLINER OF FLORIDA, INC., Appellant.

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

September 26, 2006.


Plaintiff Nicola Majocchi is a professional photographer whose agent is plaintiff Stockland Martel. Defendant is a manufacturer, distributor and retailer of high fashion shoes and leather accessories. As part of its marketing program, defendant creates and uses artistic photo advertising campaigns that are published in magazines and other print media nationwide.

On October 20, 2000, Majocchi, through Stockland, submitted a production estimate to defendant for a photo...

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