1 Elements and Case Citations
The only cause of action for “Invasion of Privacy” in New York is the codification invasion of privacy in connection with the unauthorized use of a person’s name or face for commercial purposes. N.Y. Civ. Rights Law § 51 (Consol. 2013); see Messenger v. Gruner + Jahr Printing & Publishing, 94 N.Y.2d 436, 441 (2000) (“New York does not recognize a common-law right of privacy and Section 51 was enacted to “provide a limited statutory right of privacy”).
The plaintiff must allege that:
- The defendant used a living plaintiff’s name, picture, or likeness;
- For commercial, trade or advertising purposes; and
- Without the plaintiff’s written consent.
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.