Nussenzweig Loses–Again!

Third time is not a charm for old Erno Nussenzweig, the Hasidic Jewish man made famous by Philip Lorca di Corcia. The New York State Court of Appeals decided on Thursday, November 15, 2007, that Erno’s suit against di Corcia was barred by the statute of limitations as applicable to a right of privacy claim. The Court basically concluded that the statute of limitations begins to run on the first “date of publication,” and not on the first date that the plaintiff first discovered that her/his image was being used without consent. Thus a plaintiff must commence the suit within one year of first publication, and not within one year of first discovery. Although stupefying, the Court’s decision states that an artist/photographer has the right to exhibit any images of private individuals, without their consent, so long as the artist/photographer is crafty enough to keep these images from the wronged party, or better yet, so long as the artist/photographer takes pictures of private citizens who are not likely to hang out in Chelsea galleries. One wonders if these judges collect art.

This was Erno’s third time at bat, trying to get ol’ Philip to fork over some cash based on the vague and seemingly lifeless New York law known as “right to privacy.” Well, as the New York State Court of Appeals saw it today, ol’ Erno has none. It’s unfortunate that the Court of Appeals did not reach the merits of the case, lending credence once again to allegations that judges, when faced with a difficult yet clearcut case, sidestep the actual issue in order to not deliver an unpopular yet correct decision (otherwise known as an O’Connor decision).

To read our previous post detailing the facts of this case, click here.