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Karen GRAVANO, Appellant, v. TAKE–TWO INTERACTIVE SOFTWARE, INC., et al., Respondents.
OPINION OF THE COURT
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs. A computer-generated image may constitute a “portrait” within the meaning of Civil Rights Law §§ 50 and 51 (see Lohan v. Take–Two Interactive Software, 31 N.Y.3d 111, 121–122, 73 N.Y.S.3d 780, 97 N.E.3d 389 [2018] [decided herewith] ). Plaintiff, however, is not recognizable from the images at issue here, namely, the “Andrea Bottino” avatar in the video game in question (see Cohen v. Herbal Concepts, 63 N.Y.2d 379, 384, 482 N.Y.S.2d 457, 472 N.E.2d 307 [1984] ).
In view of our determination, we do not address plaintiff's additional contentions.
Order, insofar as appealed from, affirmed, with costs, in a memorandum.
MEMORANDUM.
Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Feinman concur. Judge Wilson took no part.
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Docket No: No. 23
Decided: March 29, 2018
Court: Court of Appeals of New York.
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