Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PRESTON v. MARTIN BREGMAN PROD.

May 29, 1991

PAMELA PRESTON, PLAINTIFF,
v.
MARTIN BREGMAN PRODUCTIONS, INC. AND MCA-UNIVERSAL CITY STUDIOS, INC., DEFENDANTS.



The opinion of the court was delivered by: Stanton, District Judge.

OPINION AND ORDER

Plaintiff Pamela Preston asserts that she was shown in the motion picture "Sea of Love" without her consent, in violation of her rights under New York law. Defendant Martin Bregman Productions, Inc. is a producer and defendant MCA-Universal City Studios, Inc. is the owner and a producer of that motion picture. They move pursuant to Fed.R.Civ.P. 56(b) for summary judgment dismissing the complaint. The court has viewed "Sea of Love" in connection with this motion.

BACKGROUND

"Sea of Love" is a murder mystery set in New York City. In it, police seek an unidentified woman who appears to have been selecting her murder victims from personal advertisements in a newspaper. A police officer investigating the case becomes romantically involved with a suspect who responded to an advertisement placed by the police in an effort to catch the killer.

Plaintiff contends that she appears in a scene shown during the picture's opening credits. That "title sequence" presents a series of night scenes in New York City showing (in order of appearance) the Brooklyn Bridge, an aerial view of Manhattan, Times Square, a newsstand, a hot dog stand, an X-rated movie theater, two prostitutes (of which plaintiff says she is one) soliciting along a row of cars, a restaurant, and finally another restaurant.

Although defendants dispute whether the woman depicted in the relevant segment is plaintiff, her identity is conceded for the purpose of this motion. That portion of the film was taken from a moving vehicle in low light, and shows a woman "scantily dressed, showing her full face and entire body as she walks on the public street in the City of New York." (Complaint ¶ 7). It lasts approximately nine seconds and the face of the woman is visible for about 4 1/2 seconds. (Joint Pretrial Order ("JPO") Agreed Finding ¶ 7).

Plaintiff contends that "Sea of Love" "depicts aspects of life in New York City which includes [sic] promiscuous sex, loneliness, deception and their interaction in the lives of the characters." (JPO Plaintiff's Proposed Finding ¶ 4(b)). She asserts that the title sequence establishes the theme for the motion picture. (Id. ¶ 4(a)).

Neither plaintiff nor anything regarding prostitution appears later in the film.

Plaintiff alleges that defendants intentionally and surreptitiously filmed her, causing her mental anguish and emotional distress. (Id. ¶ 3). She asserts claims under New York's Civil Rights Law, as well as for conversion and intentional infliction of emotional distress.

DISCUSSION

I. Summary Judgment

Under Fed.R.Civ.P. 56, summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." "Summary judgment is appropriate when, after drawing all reasonable inferences in favor of the party against whom summary judgment is sought, no reasonable trier of fact could find in favor of the nonmoving party." Lund's, Inc. v. Chemical Bank, 870 F.2d 840, 844 (2d Cir. 1989).

If a motion for summary judgment is properly supported, "the adverse party `must set forth specific facts showing that there is a genuine issue for trial.'" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986) (quoting Fed.R.Civ.P. 56(e)). The materiality of facts in this diversity ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.