Appellate Division of the Supreme Court of the State of New York September 25, 2003 (Morsette v. "The Final Call")

Marlow, J. (dissenting).

I respectfully dissent.

This action is for libel. It arises out of defendant newspaper’s unauthorized use of a photograph of plaintiff. For purposes of illustrating an article about the negative consequences to society following a mother’s completion of a term in prison, *258defendant’s employees graphically altered the photograph to make it appear as though plaintiff