Duncan C. Murray, Respondent v. New York Magazine Company, Appellant

Summary

The New York Court of Appeals held that the plaintiff's photograph, used on the cover of New York magazine in connection with an article of public interest, was not used for advertising or purposes of trade under section 51 of the Civil Rights Law, and therefore the plaintiff's invasion of privacy claim failed. The Court reversed the lower court's denial of summary judgment and remanded for further proceedings.