In Russell v. Marboro Books (18 Misc 2d 166, 183 N.Y.S.2d 8 [Sup Ct, NY County 1959]), the court found that a release did not preclude liability as a matter of law under Civil Rights Law 51. In Russell, a specific limitation existed in the written consent given by the plaintiff. Russell involved a claim made by a professional photographer's model, who had granted a written release consenting to the unrestricted use of a particular photograph of herself in an advertisement. The defendant did not use the same photo covered by the release, but used an altered version of the photo in an objectionable advertisement. The court denied the defendant's motion to dismiss, finding that the release executed by the plaintiff did not preclude liability as a matter of law under Civil Rights Law 51.