Gene Klein, also known as Gene Simmons, is a bass player for KISS, a rock band. For three years he was involved in a monogamous relationship with Georgeann Walsh Ward. Simmons and KISS were featured...

Gene Klein, also known as Gene Simmons, is a bass player for KISS, a rock band. For three years he was involved in a monogamous relationship with Georgeann Walsh Ward. Simmons and KISS were featured in a documentary entitled “When KISS Ruled the World,”which was produced by Viacom International and aired on a VH1 network four times. In that piece, Simmons boasts of his sexual prowess and his ability to sleep with any woman he wanted. At the beginning of the segment, the caption “24 Hour Whore”appears on the screen, followed shortly by a photograph of the plaintiff with Simmons. Simmons exclaims: “I was a 24 hour whore. All I ever thought about was sex.” Simmons then lists some of the casual sexual encounters he shared with women, such as a hotel maid who came to clean the room and a nurse in his doctor’s office. The plaintiff sued Simmons and Viacom, alleging defamation per se and violation of her right to privacy (appropriation) due to the use of her photographs in the documentary without her knowledge or consent. The defendants moved to dismiss the complaint for failure to state a cause of action. Why should the trial court either grant or deny the defendant’s motion? Ward v. Klein et al., 10 Misc. 2d 648, 809 N.Y.S.2d 828 (2005).