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Abdelrazig v. Essence Communications, Inc.

225 A.D.2d 498 Court N.Y. App. Div. Decision date 1996-03-28 English

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p. 498
Malik Abdelrazig, Appellant, v Essence Communications, Inc., Respondent.
[639 NYS2d 811]

We agree with the IAS Court that it cannot be said, as a matter of law, that there is no "real relationship” between the article, which concerns newsworthy fashion trends in the Black community (see, Stephano v News Group Publs., 64 NY2d 174 ), and the photograph in which plaintiff appears in the background wearing traditional African garb (cf., Finger v Omni Publs. Intl., 77 NY2d 138 ). We also agree with the IAS court that plaintiff’s claim that the article is an "advertisement in disguise” is too speculative to raise a bona fide issue of fact (see, Stephano v News Group Publs., supra, at 186; Cruz v Latin News Impacto Newspaper, 216 AD2d 50 ). Concur — Sullivan, J. P., Rosenberger, Ross, Williams and Tom, JJ.

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