N.Y. Laws » CHAPTER Civil Rights / ARTICLE Right of Privacy
New York Consolidated Laws

N.Y. Civil Rights Law § 50 (2026)

Right of privacy

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 50. Right of privacy. A person, firm or corporation that uses for
advertising purposes, or for the purposes of trade, the name, portrait,
picture, likeness, or voice of any living person without having first
obtained the written consent of such person, or if a minor of such
minor's parent or guardian, is guilty of a misdemeanor.
Notes of Decisions
Cited in 170 cases (38 in the last 5 years), 1974–2026 · leading case: Lohan v. Take-Two Interactive Software, Inc., 97 N.E.3d 389 (N.Y. 2018).
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Lohan v. Take-Two Interactive Software, Inc., 97 N.E.3d 389 (N.Y. 2018). · cites it 7× “*391 **782 The primary questions on this appeal are whether an avatar (that is, a graphical representation of a person, in a video game or like media) may constitute a "portrait" within the meaning of Civil Rights Law §§ 50 and 51 and, if so, whether the images in question in…”
Messenger v. Gruner + Jahr Printing & Publ'g, 727 N.E.2d 549 (N.Y. 2000). · cites it 8× “Thus, it is clear that a Civil Rights Law §§ 50 and 51 claim does not lie where a plaintiff's photograph is used to illustrate a newsworthy article.”
Howell v. New York Post Co., 612 N.E.2d 699 (N.Y. 1993). · cites it 3× “Alleging she experienced emotional distress and humiliation, plaintiff commenced an action against the Post, the photographer and two writers, seeking multimillion dollar damages for alleged violations of Civil Rights Law §§ 50 and 51, intentional and negligent infliction of…”
Finger v. Omni Publications Int'l., Ltd., 566 N.E.2d 141 (N.Y. 1990). · cites it 6× “Plaintiffs commenced this action alleging only violations of Civil Rights Law §§ 50 and 51. Defendant moved to dismiss the complaint, arguing that its use of the photograph in *141 conjunction with the article did not violate Civil Rights Law §§50 and 51 because the picture was…”
Smith v. Chase Manhattan Bank, USA, N.A., 293 A.D.2d 598 (N.Y. App. Div. 2d Dep't 2002). · cites it 4× “In a purported class action to recover damages for a violation of General Business Law § 349, breach of contract, unjust enrichment, and a violation of Civil Rights Law §§50 and 51, the plaintiffs appeal from an order of the Supreme Court, Kings County (Clemente, J.”
Guerrero v. Carva, 10 A.D.3d 105 (N.Y. App. Div. 1st Dep't 2004). · cites it 3× “Plaintiffs commenced the instant action on or about March 9, 2001, seeking to recover damages for libel arising from the publication of the three defamatory flyers (first, second and third causes of action), breach of privacy in violation of Civil Rights Law § 50 for the…”
Simeonov v. Tiegs, 159 Misc. 2d 54 (N.Y. City Civ. Ct. 1993). · cites it 13× “Defendants assert a challenge under Civil Rights Law §§ 50 and 51 to plaintiff’s introducing evidence at trial as to his claim to recover damages for the 10 castings.”
Foster v. Svenson, 128 A.D.3d 150 (N.Y. App. Div. 1st Dep't 2015). · cites it 7× “Discussion As indicated, the denial of the preliminary injunction and the dismissal of the complaint were based on the same ground, namely that the alleged conduct constituting the privacy invasion are not actionable under the statutory tort of invasion of privacy (see Civil…”
E.B. v. Liberation Publications, Inc., 7 A.D.3d 566 (N.Y. App. Div. 2d Dep't 2004). · cites it 3× “In an action to recover damages for libel, violations of Civil Rights Law §§ 50 and 51, fraudulent concealment, and negligent infliction of emotional distress, and for injunctive relief, the defendant appeals from an order of the Supreme Court, Kings County (Barasch, J.”
Nussenzweig v. DiCorcia, 878 N.E.2d 589 (N.Y. 2007). · cites it 3× “Shortly thereafter, plaintiff commenced this action asserting that defendants had violated his statutory right of privacy as set forth in Civil Rights Law §§ 50 and 51. Defendants moved for summary judgment dismissing the complaint on the ground that any claim of a Civil Rights…”
Ryan v. Volpone Stamp Co., 107 F. Supp. 2d 369 (S.D.N.Y. 2000). · cites it 3× “In his second cause of action, Ryan alleges violations of N.Y. Civil Rights Law §§ 50 and 51. § 50 creates a statutory right of privacy making it a misdemeanor for “[a] person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name,…”
Dorsett v. Cnty. of Nassau, 762 F. Supp. 2d 500 (E.D.N.Y. 2011). · cites it 2× “N.Y. Civil Rights Law § 50 -a(l). Under New York State Public Officer’s Law § 87, where agency records are presumptively available for public inspection and disclosure under FOIL, 21 an agency may nonetheless deny access to records that are specifically exempted from disclosure…”
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