HERNANDEZ v. WYETH-AYERST


188 Misc.2d 254 (2001)

727 N.Y.S.2d 591

ALINA HERNANDEZ et al., Plaintiffs, v. WYETH-AYERST LABORATORIES, Defendant.

Supreme Court, New York County.

May 9, 2001.


Attorney(s) appearing for the Case

Costello, Shea & Gaffney (Steven E. Garry of counsel), for defendant.

Greenberg & Reicher (Edward Greenberg of counsel), for plaintiffs.


OPINION OF THE COURT

MARTIN SCHOENFELD, J.

In this action plaintiffs Alina Hernandez and Susee Kilbanks sued defendant Wyeth-Ayerst Laboratories for using plaintiffs' photographs on marketing materials for a line of prenatal/postpartum vitamins beyond the one-year period set forth in, and in a manner not authorized by, the "Model Vouchers" agreed to by plaintiffs' and defendant's agents. After a two-week trial, a jury awarded each plaintiff $12,000 in compensatory...

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