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Shields v. Gross

Court of Appeals of New York
448 N.E.2d 108 (1983)


Facts

Gross (defendant) took nude photographs of Shields (plaintiff) when she was a minor. Shields’s mother provided unrestricted consent for the use of the photographs. The photographs were used in many magazines and other mediums without incident. However, Shields became disturbed when they appeared in one particular French magazine she did not like.  Shields filed suit, seeking damages and an injunction against Gross’s further use of the photographs. The trial court granted Shields a preliminary injunction. However, after a jury trial, the trial court ruled that the consent was unrestricted and dismissed the complaint. However, the trial court also granted Shields relief based upon the parties’ stipulation that Gross would not use the photographs in pornographic or other similar magazines. Shields appealed. The Appellate Division granted Shields a permanent injunction and enjoined Gross’s use of the photographs for advertising or trade.  Both parties appealed to the Court of Appeals of New York.

Rule of Law

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Issue

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Holding and Reasoning (Simons, J.)

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Dissent (Jasen, J.)

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