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Di Fabrizzio v. Clarity

273 A.D. 769 Court N.Y. App. Div. Decision date 1947-12-01 English

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p. 769
Luis Di Fabrizzio et al., Respondents, v. Edward D. Clarity, Appellant.

Action to recover damages for the unauthorized use by defendant, a photog

p. 770
rapher, of pictures of plaintiffs’ daughter for trade purposes. Order denying defendant’s motion to dismiss the complaint on the ground it does not state facts sufficient to constitute a cause of action, affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. (Holmes v. Underwood & Underwood, Inc., 225 App. Div. 360 .) Hagatty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [See post, p. 775.]