Although not venued in the Commercial Division, in a decision by Justice Brown, the Court granted defendant Jennie “JWoww” Farley’s motion for a preliminary injunction. Plaintiff brought an action against JWoww for breach of contract, claiming he took photographs of her throughout their relationship for both personal pleasure and professional use. Plaintiff took nude and partially nude photos of JWoww in February 2010. JWoww counterclaimed, asserting claims for violation of New York’s Civil Rights Law sections 50 and 51. Although she does not object to plaintiff’s ownership of the photos, she does not consent to their use or distribution. The Court granted JWoww’s application for a preliminary injunction, barring the use or distribution of the photos pending the duration of the lawsuit. The Court reasoned that absent JWoww’s consent, Civil Rights Law sec. 50 and 51 prohibited commercial use of the photos. Finally, the Court also submitted the claims to arbitration, since plaintiff did not oppose that branch of JWoww’s motion.
Lippolis v. Farley, Sup Ct, Nassau County, Jan. 18, 2011, Brown, J., Index No. 022287/10.