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HERNANDEZ v. WYETH-AYERST

291 A.D.2d 66 (2002)

738 N.Y.S.2d 336

ALINA HERNANDEZ et al., Respondents, v. WYETH-AYERST LABORATORIES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 2002.

Attorney(s) appearing for the Case

Edward C. Greenberg of counsel (Erica Galinski and Aimee Drexler on the brief; Greenberg & Reicher, LLP, attorneys), for respondents.

Steven E. Garry of counsel (Jay W. Pearlman on the brief; Costello, Shea & Gaffney LLP, attorneys), for appellant.

MAZZARELLI, J.P., SAXE, WALLACH and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

The issues on this appeal from a judgment awarding plaintiffs compensatory and punitive damages for the use of their photographic images are whether defendant's use exceeded the bounds of plaintiffs' consent in violation of section 51 of the Civil Rights Law and, if so, whether the award of punitive damages is supported by evidence that defendant's use of the photographs was "knowing."

In the summer of 1993, defendant...

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