
    Donald P. Molony, an Infant, by Henry Schuhmann, Jr., His Guardian ad Litem, Plaintiff, v. Boy Comics Publishers, Inc., et al., Defendants.
    Supreme Court, Special Term, Hew York County,
    June 13, 1946.
    
      
      Sidney Schreiberg for defendants.
    
      Thomas A. Purcell for plaintiff.
   Schreiber, J.

Motion to dismiss the complaint as insufficient is denied. The portrayal of plaintiff in a book of comic cartoons published without his consent and for purposes of trade and profit constitutes a violation of section 50 of the Civil Rights Law. A book of comic cartoons, distributed for profit, even though the cartoons relate to a current event of some public interest, is to be differentiated from newspaper and magazine articles of an educational nature. Defendants may answer within ten days from the service of a copy of this order with notice of entry.  