Legal Question in Personal Injury in New York

Can I sue for Invasion of Privacy

My ex husband is spreading pictures of me around town. The pictures are of a seductive nature but were taken when we were married (6 years ago). He is distributing them now because he is facing jail time for breaking an order of protection and spreading remarks about me. Can I get him for publication of private facts; false light; slander; defamation, etc. and even get him on breaking the order of protection again in regards to harassment? I know of 8 people who have seen them and they are all saying terrible things about me - not that I care about their opinion. I was in a very abusive relationship with him and he forced me to take these pictures - what can I do?


Asked on 1/11/05, 1:22 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can I sue for Invasion of Privacy

The criminal offense would be 'Harassment' and you may sustain a civil claim for harassment and for unauthorized use of your likeness (probably in the category of 'false light').

Make a complaint to the local police precinct and then to the district attorney's office.

For the civil claim, take him to small claims court and ask the judge for an 'injunction' (court order)against harassing you.

I am in NYC and you in Buffalo. But this advice should be sufficient to address the problem.

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Answered on 1/11/05, 4:51 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can I sue for Invasion of Privacy

New York has several Civil Rights Law sections that may be appicable to your situation. Essentially, the legislature codified the common law cause of action for depicting someone in a "false light" and made it both a criminal and civil offense, with a cause of action that can be brought by an individual whose photograph or name is published without their consent.

I believe that NY Civil Rights Law 50, 55, 70 and 71 are the sections but I need to recheck them. If you want I would be willing to discuss this with you further; you should be able to get an injunction and damages.

Does he have assets?

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Answered on 1/11/05, 6:50 pm


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