ALBANY Lindsay Lohan and the daughter of turncoat mobster Sammy (The Bull) Gravano want the state’s top court to find they were victims of grand theft video.
Lohan and Karen Gravano, a “Mob Wives” personality, have sued video game makers Take-Two Interactive Software and its subsidiary, Rockstar Games, for allegedly using their images and personas in the popular Grand Theft Auto V, which was released in 2013.
After a lower court denied motions by the video game makers to dismiss the suit, a state appeals court in Manhattan reversed the decision, saying the cases “must fail” because the game did not specifically use Lohan or Gravano’s “name, portrait or picture.”
Lohan and Gravano appealed the dismissal of the two lawsuits to the Court of Appeals, the states top court.
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The Court of Appeals will hear oral arguments on the cases on Wednesday.
Lohan says the game character Lacey Jonas is actually her. The game includes references to her history and was used in advertising material and on merchandise.
Gravano has argued the game character Antonia Bottino is modeled after her. The game makes references to the character being the daughter of a mobster who became a government witness.
Gravanos father was a key witness against Gambino crime family boss John Gotti and other mobsters.
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The two claim the gamemakers violated invasion of privacy provisions under the state Civil Rights Law.
Gravano lawyer Thomas Farinella said “at a minimum, Ms. Gravano is entitled to put this before a jury.”
Gravano was originally seeking $40 million in damages.
Lohan lawyer Frank Delle Donne could not be immediately reached for comment.
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Take-Two and Rock Star attorney Jeremy Feigelson referred inquiries to the company.