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WATERBURY v. NYC BALLET, INC.

Index. No. 158220/18. Appeal No. 15036. Case No. 2020-04225.

205 A.D.3d 154 (2022)

168 N.Y.S.3d 417

2022 NY Slip Op 02890

ALEXANDRA WATERBURY, Respondent-Appellant, v. NEW YORK CITY BALLET, INC., et al., Respondents, and CHASE FINLAY, Appellant-Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2022.

Attorney(s) appearing for the Case

Brief Carmen & Kleiman, LLP, New York City (Ira Kleiman, of counsel), for appellant-respondent.

Hasapidis Law Offices, Scarsdale (Annette G. Hasapidis, of counsel), for respondent-appellant.

Proskauer Rose LLP, New York City (Kathleen M. McKenna and Rachel S. Fischer, of counsel), for New York City Ballet, Inc., respondent.

Friedman Kaplan Seiler & Adelman LLP, New York City (Lance J. Gotko, of counsel), for Amar Ramasar, respondent.

GISCHE, J.P., KERN and OING, JJ., concur with SINGH, J.; FRIEDMAN, J., dissents in part in a separate opinion.

OPINION OF THE COURT

We are asked on this appeal to address the scope and pleading standard of Administrative Code of City of NY § 10-180, which prohibits the disclosure of intimate images without the consent of their subject. Also at issue is whether plaintiff, Alexandra Waterbury, has sufficiently alleged that defendant...

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