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WOMAN’S PRIVACY CLAIM AGAINST HBO ALLOWED NEW YORK � A Manhattan appeals court has upheld the denial of a motion to dismiss a lawsuit by a woman who claims her privacy was violated by the unauthorized use of her image in a cable TV documentary about a family of professional bounty hunters. The Appellate Division, First Department, noted in Nieves v. Home Box Office, 8697, that the use of the plaintiff’s image was accompanied by remarks by the show’s cast in which “her sexual allure was crudely debated.” In permitting her claim for damages under Civil Rights Law � 51 to go forward, the panel ruled unanimously that Home Box Office had failed to demonstrate that the use of the woman’s image had a “real relationship” to the subject of the show and that she was not “singled out and unduly featured” merely because she was on the scene. The ruling upheld a decision by Supreme Court Justice Debra James. � New York Law Journal

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