Gravano v Take-Two Interactive Software, Inc., 31 NY3d at 988 (2018)

2018 NY Slip Op 02207 [31 NY3d 988]
March 29, 2018
Court of Appeals

[*1]

In the Matter of Karen Gravano, Appellant,
v
Take-Two Interactive Software, Inc., et al., Respondents.

Argued February 7, 2018; decided March 29, 2018

Gravano v Take-Two Interactive Software, Inc., 142 AD3d 776, affirmed.

{**31 NY3d at 988} OPINION OF THE COURT

Memorandum.

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, Inc., 31 NY3d 111, 121-122 [2018] [decided herewith]). Plaintiff, however, is not recognizable from the images at issue here, namely, the “Antonia Bottino” avatar in the video game in question (see Cohen v Herbal Concepts, 63 NY2d 379, 384 [1984]).

In view of our determination, we do not address plaintiff’s additional contentions.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Feinman concur; Judge Wilson taking no part.

Order, insofar as appealed from, affirmed, with costs, in a memorandum.