New York Court of Appeals
University of Notre Dame Du Lac, Appellants v. Twentieth Century-Fox Film Corporation, Respondents
March 18, 196515 N.Y.2d 940
Summary
The New York Court of Appeals affirmed the Appellate Division’s dismissal of the University of Notre Dame’s complaint and vacated the injunction, holding that the complaint failed to state a cause of action under sections 50, 51 of the Civil Rights Law and section 397 of the General Business Law. The court rejected the university’s claim of property‑right infringement in the book and film, and noted that the First Amendment issue was not reached. Justice Burke dissented, arguing that the university’s property rights were infringed and that an injunction was warranted.