March, 1911. Ernst, Lowenstein Cane, for plaintiff. May Jacobson, for defendant. SEABURY, J. This is a motion for an order permitting the administratrix of the goods, chattels and credits of Helen Wyatt, deceased, to revive an action which was originally brought by the said Helen Wyatt against Hall's Portrait Studio. The action was brought by Helen Wyatt, pursuant to sections 50 and 51 of the Civil Rights Law, for an injunction and damages for the unauthorized use of her name and picture. The question
February 6, 1914. David Michelsohn, for the appellant. Charles R. Rose, for the respondent. LAUGHLIN, J.: The plaintiff, after having been engaged in business in his own name as a haberdasher, retailing men's wear in the borough of Manhattan, New York, and in the city of Newark, N.J., for something like seven years, on November 11, 1910, formed a domestic corporation in his own name for continuing the business. The name of the corporation and the name of the plaintiff are identical. It is conceded