A bizarre defamation suit against the producers of Vince Vaughn comedy "Couples Retreat" has been thrown out of court in New York.

Former model Irina Krupnik claimed a snap of her in a bikini, used by one of the film's characters as a sexual aid, is actually a shot she sold to a picture agency in 2001.

In her suit, filed in March, Krupnik insisted she would never have allowed the "commonplace swimwear ad" to be used as "softcore pornography" - and she claimed the film was ruining her reputation.

But NBC Universal bosses maintained they had the rights to use the photo.

And a Manhattan judge has agreed with them, stating Krupnik signed a document waiving her rights to control the picture when it was taken in 2001.

Krupnik is considering appealing the decision to dismiss the $10 million defamation lawsuit.