New York Court of Appeals
Joseph C. Flores v. Mosler Safe Company
December 30, 19597 N.Y.2d 276
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the defendant's use of the plaintiff's name in a reprinted news article embedded in an advertising circular constitutes a use for advertising purposes prohibited by Civil Rights Law §§ 50 and 51. The court reasoned that the plaintiff's name was deliberately included to promote the defendant's safes, and therefore the motion to dismiss was improper. Justice Van Voouhis dissented, arguing that the use of a public news event in advertising does not violate the privacy statutes.