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BIRO v. NAST

8890, 154663/17.

171 A.D.3d 463 (2019)

95 N.Y.S.3d 799

2019 NY Slip Op 02615

Peter Paul Biro, Appellant, v. Condé Nast, a Division of Advance Magazine Publishers Inc., Respondent.

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

Decided April 4, 2019.

Contrary to plaintiff's contention, the email sent by defendant to New Yorker magazine subscribers in April 2017 containing a hyperlink to an article published in the magazine in July 2010 does not constitute republication of the article (see Martin v Daily News L.P., 121 A.D.3d 90, 103-104 [1st Dept 2014], lv denied 24 N.Y.3d 908 [2014]). The...

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