30 Cited authorities

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

    510 U.S. 569 (1994)   Cited 512 times   26 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 526 times   1 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 124 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 111 times
    Holding that no appropriation claim may lie where “plaintiff's photograph is used to illustrate a newsworthy article”
  5. Leonard v. Gateway II, LLC

    68 A.D.3d 408 (N.Y. App. Div. 2009)   Cited 60 times

    No. 1592. December 1, 2009. Order, Supreme Court, New York County (Jane S. Solomon, J.), entered December 17, 2008, which granted the motion by the Gaetano defendants, Gateway Condominium and Manhattan Property Managers Realty to dismiss the complaint against them, unanimously affirmed, without costs. Tapalaga Associates, P.C., New York (Gabriel Tapalaga of counsel), for appellant. Stein Farkas Schwartz LLP, New York (Esther E. Schwartz of counsel), for respondents. Before: Tom, J.P., Sweeny, Moskowitz

  6. Stephano v. News Group Pub

    64 N.Y.2d 174 (N.Y. 1984)   Cited 124 times
    Finding right of publicity under New York law limited to statutory protection of "name, portrait or picture"
  7. Nussenzweig v. Philip-Lorca

    2007 N.Y. Slip Op. 8783 (N.Y. 2007)   Cited 43 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 77 times   2 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. Cohen v. Herbal Concepts

    63 N.Y.2d 379 (N.Y. 1984)   Cited 74 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"
  10. Hoosac Valley Farmers Exchange, Inc. v. AG Assets, Inc.

    168 A.D.2d 822 (N.Y. App. Div. 1990)   Cited 55 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

  11. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 2,985 times   3 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"
  12. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 224 times   8 Legal Analyses

    Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have

  13. 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