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. HipsleyOpinion
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.