Costanza V. Seinfeld Summary

Case Citation: Costanza v. Seinfeld, 693 N.Y.S.2d 897 (Sup. Ct. N.Y. County 1999)

Parties: Michael Costanza, Plaintiff/ Appellant Jerry Seinfeld et al., Defendant/ Appellee

Facts: Michael Costanza, the plaintiff alleged that the television show “Seinfeld,” by Jerry Seinfeld the defendant, used a character names George Costanza, who was based off the plaintiff without his permission. id. The plaintiff alleges that Seinfeld has portrayed him in a negative light and therefore he is humiliated. id. The Plaintiff also sees that the defendant has invaded his privacy and is asking for $100 million dollars due to violations of New York’s Civil Rights Law 50 and 51. id. Defendant, in turn, filed a motion to dismiss the case due to failure to state and actual

Holdings: No. There is no law in the state of New York that says a person’s privacy is being invaded due to use of similar name on a national television show.

Reasonings: The court granted in favor of the defendant’s motion to dismiss the plaintiff’s claim for invasion of privacy due to the fact that there was no common law right to privacy in the state of New York. id. According to the court, there is no such law under privacy rights and any relief must be sought under New York Civil Rights Law 50 and 51. id. Under this law, the court said that one can maintain a suit for appropriation of a person’s name and likeliness for advertising purposes. id.

That Court also that the plaintiffs claim was barred by one-year statute limits. id. The court also dismissed the plaintiff’s claim for defamation, due to statements merely being that of opinion and not facts. id. Lastly, the court granted defendants’ motion for sanction for the plaintiff’s frivolous lawsuit, which was based off the fact that there was no common law for this suit in New York’s history.