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NUSSENZWEIG v. diCORCIA

9 N.Y.3d 184 (2007)

878 N.E.2d 589

848 N.Y.S.2d 7

ERNO NUSSENZWEIG, Appellant, v. PHILIP-LORCA diCORCIA et al., Respondents.

Court of Appeals of the State of New York.

Decided November 15, 2007.

Attorney(s) appearing for the Case

Jay Goldberg, P.C., New York City (Jay Goldberg, Jared M. Lefkowitz and Elizabeth Hill of counsel), for appellant.

Munger, Tolles & Olson LLP (Lawrence C. Barth, of the California bar, admitted pro hac vice, of counsel), Bingham McCutchen LLP, New York City (Kenneth I. Schacter of counsel), and Georges G. Lederman for respondents.

Proskauer Rose LLP, New York City (Charles S. Sims and Matthew J. Morris of counsel), for the New York Times Company and others, amici curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

PIGOTT, J.

Between 1999 and 2001, defendant Philip-Lorca diCorcia, an artist and photographer, took candid photographs of individuals walking through Times Square. None of those photographed were aware that diCorcia had taken their picture.

In the fall of 2001, diCorcia exhibited certain of the photographs at an art gallery owned by defendant Pace/MacGill, Inc. In conjunction with...

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