OPINION OF THE COURT
MARYLIN G. DIAMOND, J.
This action is brought pursuant to Civil Rights Law §§ 50 and 51, which proscribe the use of a living person's name, portrait or picture for advertising purposes without first having obtained the person's consent. The defendant herein, Town Sports International Holding, Inc. (TSI), operates sports clubs throughout the United States. In 1999, a photograph...
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