Read the Full-Text Opinion
DEFENDANTS MOVED to dismiss plaintiff’s violation-of-privacy suit brought pursuant to Civil Rights Law ��50 and 51. Plaintiff sued to recover for damages allegedly sustained when defendants used plaintiff’s likeness in a derogatory manner on an episode of a show on a cable network without her consent. The court stated defendants failed to satisfy the “real relationship” standard for a violation-of-privacy defense, which required a connection between the use of a person’s likeness and the editorial message of a program. Further, it noted defendants only proffered relationship between the use of plaintiff’s image and the show was that she was standing on a street corner while defendants were filming. The court ruled it would have to make a factual determination based on the use of plaintiff’s image and the content of the program to determine whether defendants met the “real relationship” standard. Therefore, it denied defendants’ motion.