Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied defendant's motion to dismiss the amended complaint. Plaintiffs allege that defendant breached their privacy rights under Civil Rights Law §§ 50 and 51 by using a photograph of plaintiffs in its 1997 and 1998 advertising brochures and web site home pages. Although the court erred in determining that the incidental use exception to Civil Rights Law §§ 50...
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