Emanuel v. Free Lance Photographers Guild, Inc.

Appellate Terms of the Supreme Court of New York

Emanuel v. Free Lance Photographers Guild, Inc.

28 Misc. 2d 503, 219 N.Y.S.2d 626, 1960 N.Y. Misc. LEXIS 2187

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 17, 1960

StatusPublished

Cited by1 cases

This text of 28 Misc. 2d 503 (Emanuel v. Free Lance Photographers Guild, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Emanuel v. Free Lance Photographers Guild, Inc., 28 Misc. 2d 503, 219 N.Y.S.2d 626, 1960 N.Y. Misc. LEXIS 2187 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The record satisfactorily establishes that defendants sold plaintiff’s photograph in good faith and in the honest belief that it was the photograph of another female, from whom they had obtained for a consideration a release to sell it, and in the absence of proof that defendants knowingly used plaintiff’s portrait or picture, exemplary damages may not be awarded. (Civil Rights Law, § 51.)

The judgment should be reversed, with $30 costs, and complaint dismissed, with costs to defendants-appellants.

Concur — Hoestadter, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

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