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Caesar v. Chemical Bank

Court of Appeals of the State of New York
Oct 17, 1985
66 N.Y.2d 698 (N.Y. 1985)

Opinion

Decided October 17, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Norman C. Ryp, J.

John B. Wynne, Robert T. Stephenson and Harold Weisblatt for appellant.

Alan R. Aledort for respondent.


MEMORANDUM.

The order of the Appellate Division should be modified by granting defendant's motion for permission to proceed with pretrial disclosure and, as so modified, the order should be affirmed, with costs. The certified question is answered in the negative.

Neither oral nor implied consent is a complete defense to a privacy action under Civil Rights Law § 51 ( Lomax v New Broadcasting Co., 18 A.D.2d 229). Written consent is explicitly required by the statute and any change in that unambiguous requirement must come from the Legislature ( see, Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539, 548-549). Accordingly, plaintiff's motion for partial summary judgment as to liability on the first cause of action was properly granted. Moreover, Special Term's certification of the action as a class action involved no abuse of discretion. However, inasmuch as oral and implied consent are available as partial defenses in mitigation of damages ( Lomax v New Broadcasting Co., supra), defendant is entitled to disclosure of facts relevant to those issues in preparation for the inquest on damages.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE concur; Judge ALEXANDER taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified in accordance with the memorandum herein and, as so modified, affirmed, with costs to appellant. Question certified answered in the negative.


Summaries of

Caesar v. Chemical Bank

Court of Appeals of the State of New York
Oct 17, 1985
66 N.Y.2d 698 (N.Y. 1985)
Case details for

Caesar v. Chemical Bank

Case Details

Full title:NEVILLE F. CAESAR, on Behalf of Himself and All Other Employees of…

Court:Court of Appeals of the State of New York

Date published: Oct 17, 1985

Citations

66 N.Y.2d 698 (N.Y. 1985)
496 N.Y.S.2d 418
487 N.E.2d 275

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