John R. Binns, Respondent v. the Vitagraph Company of America, Appellant

Summary

The Court affirmed the judgment, holding that the defendant's use of the plaintiff's name and picture in a series of moving‑picture films was a commercial use for trade and advertising prohibited by sections 50 and 51 of the New York Civil Rights Law, that a "picture" includes staged representations, and that the plaintiff may recover only one set of damages under the statute.