Court Nixes Privacy Claim Against Photographer

     NEW YORK (CN) – A state appeals court affirmed dismissal of a privacy lawsuit against a photographer who took candid shots of individuals walking through Times Square that were later exhibited and sold at an art gallery. See ruling.

     Erno Nussenzweig, one of the unwitting subjects of the photos, filed a lawsuit against photographer Philip-Lorca diCorcia four years after some of the pictures had been exhibited and sold.
     J. Pigott found that the plaintiff’s claim that his civil rights had been violated was properly dismissed as time-barred because he failed to file it within one year of the first photo display.
     In Gregoire v. G.P. Putnam’s Sons, the court established the single publication rule, which states that “a cause of action for defamation accrues on the date the offending material is first published.”
     The New York Times Co. filed a brief in support of diCorcia. 

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