Abdelrazig v. Essence Communications, Inc.

225 A.D.2d 498, 639 N.Y.2d 811, 639 N.Y.S.2d 811, 1996 N.Y. App. Div. LEXIS 3284

Opinion

We agree with the IAS Court that it cannot be said, as a matter of law, that there is no "real relationship” between the article, which concerns newsworthy fashion trends in the Black community (see, Stephano v News Group Publs., 64 NY2d 174), and the photograph in which plaintiff appears in the background wearing traditional African garb (cf., Finger v Omni Publs. Intl., 77 NY2d 138). We also agree with the IAS court that plaintiff’s claim that the article is an "advertisement in disguise” is too speculative to raise a bona fide issue of fact (see, Stephano v News Group Publs., supra, at 186; Cruz v Latin News Impacto Newspaper, 216 AD2d 50). Concur — Sullivan, J. P., Rosenberger, Ross, Williams and Tom, JJ.