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Finger v. Omni Publications International, Ltd.

New York Court of Appeals

566 N.E.2d 141 (1990)

Facts

Omni Publications International, Ltd. (Omni) (defendant) published a picture of Joseph and Ida Finger (plaintiffs) and their six children in Omni’s magazine without their consent. The family appeared attractive, happy, and healthy in the picture. Omni published the picture above an article entitled “Caffeine and Fast Sperm.” The article focused on fertilization and research indicating that caffeine injected into sperm could increase fertilization. The article and caption did not identify the Fingers or state that the Fingers had used in vitro fertilization. The Fingers sued Omni for invasion of privacy based on a misappropriation of their likenesses. Omni filed a motion to dismiss. The trial court granted the motion. The Fingers appealed.

Rule of Law

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Issue

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Holding and Reasoning (Alexander, J.)

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