Appellate Division of the Supreme Court of New York, 1996

Abdelrazig v. Essence Communications, Inc.

Abdelrazig v. Essence Communications, Inc.
Appellate Division of the Supreme Court of New York · Decided March 28, 1996
225 A.D.2d 498; 639 N.Y.2d 811; 639 N.Y.S.2d 811; 1996 N.Y. App. Div. LEXIS 3284
Abdelrazig v. Essence Communications, Inc.

Opinion of the Court

We agree with the IAS Court that it cannot be said, as a matter of law, that there is no "real relationship” between the article, which concerns newsworthy fashion trends in the Black community (see, Stephano v News Group Publs., 64 NY2d 174), and the photograph in which plaintiff appears in the background wearing traditional African garb (cf., Finger v Omni Publs. Intl., 77 NY2d 138). We also agree with the IAS court that plaintiff’s claim that the article is an "advertisement in disguise” is too speculative to raise a bona fide issue of fact (see, Stephano v News Group Publs., supra, at 186; Cruz v Latin News Impacto Newspaper, 216 AD2d 50). Concur — Sullivan, J. P., Rosenberger, Ross, Williams and Tom, JJ.

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