Hernandez v. Wyeth-Ayerst Laboratories

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 damages and $100,000 in punitive damages.

Defendant now moves (1), pursuant to CPLR 2221, to reargue its posttrial motions and, upon…