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Callas v. Whisper, Inc.

278 A.D. 974, 105 N.Y.S.2d 1001, 1951 N.Y. App. Div. LEXIS 5416
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 25, 1951
StatusPublished
Cited by9 cases

This text of 278 A.D. 974 (Callas v. Whisper, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callas v. Whisper, Inc., 278 A.D. 974, 105 N.Y.S.2d 1001, 1951 N.Y. App. Div. LEXIS 5416 (N.Y. Ct. App. 1951).

Opinion

In an action to recover damages under section 51 of the Civil Rights Law, for an unauthorized publication of plaintiff’s photograph as part of the illustrations of a magazine article, order granting respondents’ motion, under rule 106 of the Rules of Civil Practice, to dismiss the complaint for legal insufficiency and the judgment entered on the order, affirmed, without costs. No opinion. Carswell, Adel, Sneed and Wenzel, JJ., concur; Nolan, P. J., dissents and votes to reverse and to deny the motion, with the following memorandum: The motion is to dismiss for insufficiency of the complaint, which alleges that the publication was made by defendants in their business and for profit and commercial purposes. The question should not be decided on the pleading. (Cf. Sutton v. Hearst Corp., 277 App. Div. 155.) [198 Misc. 829.]

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18 A.D.2d 151 (Appellate Division of the Supreme Court of New York, 1963)
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Cite This Page — Counsel Stack

Bluebook (online)
278 A.D. 974, 105 N.Y.S.2d 1001, 1951 N.Y. App. Div. LEXIS 5416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callas-v-whisper-inc-nyappdiv-1951.