Reply-To: [email] (Matthew Montchalin) References: Organization: Oregon Video and Online Services (VOS)
JUDGE SIDES WITH JERRY: SUIT WAS ABOUT ABSOLUTELY NOTHING
"A $100 million lawsuit filed by a man who claims that JERRY SEINFELD and his TV show's produces stole his identity has been thrown out by a judge who called it frivolous.
"In throwing out MICHAEl COSTANZA'S lawsuit, New York State Supreme Court Justice Harold Tompkins said that the claims were 'without any bais in law of fact or any reasonable argument for a change or modification of the law.
"Mr. Costanza, a real estate agent who lives in Holtsville, N.Y., said that his rights were violated when the show used his 'name, likeness and persona' to create the neurotic George Costanza for 'Seinfeld.'
"Mr. Costanza said that the show portrayed him in a negative, humiliating light and that 'Seinfeld' co-creator LARRY DAVID defamed him when he called Mr. Costana a 'liar' and 'flagrant opportunist' trying to cash in.
"Judge Tompkins said that there is no right to privacy under New York law and that the law bars use of a person's name or likeness only in advertising and trade. Mr. David's name-calling, the judge said, is opinion, which is protected speech.
"Judge Tompkins said that he found the lawsuit baseless and assessed sanctions of $2,500 each against Mr. Costanza, 43, and his lawyer, JONATHAN FISHER. The judge said that he would not hear any application for reargument or a stay."
SOURCE: (Associated Press) -As reported in the National Law Journal on Page A23 of the issue bearing the date of Monday, July 5, 1999.