What is the effect of the death of an infant on a civil rights action?

An action under Civil Rights Law 50, 51 for use of an infant's picture without parental permission abated on the infant's death. A cause of action under those statutes, based upon the invasion of the infant's privacy, belonged to the infant alone and was extinguished upon the infant's death. Smith v. Long Island Jewish-Hillside Medical Center, 118 A.D.2d 553, 499 N.Y.S.2d 167 (Second Dept.1986).

Until recently paternity proceedings abated on the death of either party. As was noted in Corbett v. Corbett supra, in the absence of statutory authority a paternity proceeding abated on the death of a mother.

Subsequently remedial legislation contained in L.1983, [165 Misc.2d 635] c. 310 added FCA 518 to

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