You Can Do It with a Handheld Camera - Can You Do It with a Drone?

An artist photographed his neighbors through their windows, allegedly without their knowledge.  When the neighbors sued, a New York state court dismissed the case for failure to state a claim.  Now the New York Supreme Court, Appellate Division has affirmed that ruling.  Martha G. Foster, et al. v. Arne Svenson, index number 651826/13, in the New York Supreme Court, Appellate Division, First Judicial Department. 

The panel noted that New York has limited its invasion of privacy remedies to certain statutory provisions.  These statutory provisions did not reach to the photographer's conduct.

But would the same conduct have been illegal if the photographer had instead used a drone to snap the shots?