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SUSS v. NEW YORK MEDIA, INC.

1931, 1932, 106052/08

69 A.D.3d 411 (2010)

891 N.Y.S.2d 409

2010 NY Slip Op 11

ULRICH SUSS, Appellant, v. NEW YORK MEDIA, INC., et al., Respondents.

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

Decided January 5, 2010.

The offending photograph appeared in the May 7, 2007 issue of the magazine; defendants assert that such issue was distributed to newsstands in Manhattan on April 28 and April 29 2007; the action was commenced on April 30, 2008; and it is undisputed that both of plaintiff's claims are governed by the one-year statute of limitations. To prove their claim of distribution on April 28 and April 29, defendants submitted the affidavit ...

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