stating that the facts of the case did not incline it to adopt the tort
How later courts described this case
- stating that the facts of the case did not incline it to adopt the tort
- determining that Section 51 “eneompass[es] only the commercial use of an individual’s name or likeness and no more”
- taking and publishing plaintiff's picture without his knowledge or consent in connection with an article on the "Black Middle Class" was not "highly offensive to persons of ordinary sensibilities" under the Restatement Sec. 652E formulation
- noting that for purposes of the newsworthiness exception, “ ‘public interest’ [is] clearly a term to be freely defined”
Written by the judges who cited it.
The opinion
Jasen, Gabrielli and Jones, JJ.
(concurring). We concur in result in this case but cannot accept what appears to us to be the overbreadth of Judge Fuchsberg’s opinion, addressing as it does plaintiff’s false light formulation which is not necessary for the resolution of this appeal.
Chief Judge Cooke and Judge Meyer concur with Judge Fuchsberg; Judges Jasen, Gabrielli and Jones concur in result in a concurring memorandum; Judge Wachtler taking no part.
Order modified, with costs to plaintiff against defendants Contact Press Images, Inc., Pledge and Gorgoni, in accordance with the opinion herein and, as so modified, affirmed, with costs to defendant The New York Times Company against plaintiff.