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POLIMENI v. ASBESTOS LEAD & HAZARDOUS WASTE LABORERS' LOCAL 78

2010-11146.

89 A.D.3d 826 (2011)

932 N.Y.S.2d 350

2011 NY Slip Op 8135

VINCENT POLIMENI et al., Appellants, v. ASBESTOS LEAD & HAZARDOUS WASTE LABORERS' LOCAL 78, Respondent.

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

Decided November 9, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

As the Supreme Court correctly concluded, the first cause of action to recover damages pursuant to Civil Rights Law §§ 50 and 51 for invasion of the plaintiff Vincent Polimeni's right of privacy fails to state a cause of action upon which relief can be granted, as the flyer on which Polimeni's name and photograph appeared was not used for advertising or trade purposes (see Kane v...

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