31 Cited authorities

  1. Campbell v. Acuff-Rose Music, Inc.

    510 U.S. 569 (1994)   Cited 634 times   71 Legal Analyses
    Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”
  2. McGowan v. Smith

    52 N.Y.2d 268 (N.Y. 1981)   Cited 602 times   2 Legal Analyses
    Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."
  3. Ehrenfeld v. Mahfouz

    2007 N.Y. Slip Op. 9961 (N.Y. 2007)   Cited 159 times
    Finding that a demand letter sent by English solicitors to the plaintiff in New York to enforce an English judgment was not sufficient to "invoke the privileges and protections of our State's laws"
  4. Messenger v. Gruner + Jahr Printing & Publishing

    94 N.Y.2d 436 (N.Y. 2000)   Cited 126 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”
  5. Stephano v. News Group Pub

    64 N.Y.2d 174 (N.Y. 1984)   Cited 150 times
    Finding right of publicity under New York law limited to statutory protection of "name, portrait or picture"
  6. Leonard v. Gateway II, LLC

    68 A.D.3d 408 (N.Y. App. Div. 2009)   Cited 63 times
    Finding dismissal of fraudulent inducement claim proper where "plaintiff [could not] establish reasonable reliance on any of the alleged promises made to her . . . because the purchase agreements expressly state[d] that plaintiff did not rely on any promises not contained therein"
  7. Nussenzweig v. Philip-Lorca

    2007 N.Y. Slip Op. 8783 (N.Y. 2007)   Cited 53 times

    No. 155. Argued October 10, 2007. Decided November 15, 2007. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered March 20, 2007. The Appellate Division affirmed an order of the Supreme Court, New York County (Judith J. Gische, J.; op 11 Misc 3d 1051 [A], 2006 NY Slip Op 50171 [U]) insofar as it had granted defendants' motions for summary judgment dismissing the complaint. The following question was certified by

  8. Allen v. National Video, Inc.

    610 F. Supp. 612 (S.D.N.Y. 1985)   Cited 82 times   3 Legal Analyses
    Holding disclaimer insufficient as a matter of law where it appeared "in tiny print at the bottom of the page" so was "unlikely to be noticed by most readers" of the magazine at issue
  9. Hoosac Valley Farmers Exchange, Inc. v. AG Assets, Inc.

    168 A.D.2d 822 (N.Y. App. Div. 1990)   Cited 61 times

    December 20, 1990 Appeal from the Supreme Court, Washington County (Dier, J.). Harvey, J. In March 1982, plaintiff secured a judgment against Roy Everts in the amount of $73,965.80, which represented the amount due and owing for goods and farming materials Everts had purchased on credit from plaintiff. Plaintiff allegedly sold the goods to Everts in the belief that Everts was using the goods to feed and care for cattle that he owned. Thereafter, in August 1982, plaintiff contends that he learned

  10. Cohen v. Herbal Concepts

    63 N.Y.2d 379 (N.Y. 1984)   Cited 71 times
    Noting that a plaintiff cannot recover under N.Y. Civ. Rights Law §§ 50- 51 without proving that he "is capable of being identified from the advertisement alone and that plaintiff has been so identified"
  11. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 38,504 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence
  12. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,244 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
  13. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 557 times   12 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent
  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation