July 21, 2008

Privacy law.

Practice point: New York State does not recognize the common-law tort of invasion of privacy except to the extent it comes within the ambit of Civil Rights Law §§ 50 and 51. These statutes protect against the appropriation of a plaintiff's name or likeness for a defendant's benefit and create a cause of action in favor of any person whose name, portrait or picture is used for advertising purposes or for trade without the plaintiff's consent.

Case: Farrow v. Allstate Insurance Co., NY Slip Op 06283 (2d Dept. 2008)

Click here for the uncorrected opinion.