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ABDELRAZIG v. ESSENCE COMMUNICATIONS, INC

Appellate Division of the Supreme Court of New York, First Department.
Mar 28, 1996

We agree with the IAS Court that it cannot be said, as a matter of law, that there is no "real relationship" between the article, which concerns newsworthy fashion trends in the Black community ( see, Stephano v News Group Publs., 64 N.Y.2d 174), and the photograph in which plaintiff appears in the background wearing traditional African garb ( cf., Finger v Omni Publs. Intl., 77 N.Y.2d 138). We also agree with the IAS court that plaintiff's claim that the article is an "advertisement in disguise" is too speculative to raise a bona fide issue of fact ( see, Stephano v News Group Publs., supra, at 186; Cruz v Latin News Impacto Newspaper, 216 A.D.2d 50).

Concur — Sullivan, J.P., Rosenberger, Ross, Williams and Tom, JJ.