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Emanuel v. Free Lance Photographers Guild, Inc.

Supreme Court, Appellate Term, First Department
Nov 17, 1960
28 Misc. 2d 503 (N.Y. App. Term 1960)

Summary

In Emanuel v. Free Lance Photographers Guild, 219 N.Y.S.2d 626 (28 Misc.2d 503), the New York court stated 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."

Summary of this case from Cabaniss v. Hipsley

Opinion

November 17, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, BENJAMIN SHALLECK, J.

Ruzow Lipner ( Harry Lipner of counsel), for appellant.

Lawrence, Henkoff Lawrence ( Glen Robert Lawrence and Isaac Henkoff of counsel), for respondent.


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 — HOFSTADTER, J.P., AURELIO and TILZER, JJ.

Judgment reversed, etc.


Summaries of

Emanuel v. Free Lance Photographers Guild, Inc.

Supreme Court, Appellate Term, First Department
Nov 17, 1960
28 Misc. 2d 503 (N.Y. App. Term 1960)

In Emanuel v. Free Lance Photographers Guild, 219 N.Y.S.2d 626 (28 Misc.2d 503), the New York court stated 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."

Summary of this case from Cabaniss v. Hipsley
Case details for

Emanuel v. Free Lance Photographers Guild, Inc.

Case Details

Full title:ANN L. EMANUEL, Respondent, v. FREE LANCE PHOTOGRAPHERS GUILD, INC., et…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 17, 1960

Citations

28 Misc. 2d 503 (N.Y. App. Term 1960)
219 N.Y.S.2d 626

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Cabaniss v. Hipsley

The court stated that these facts tended to show lack of malice and should avert an award of punitive…