NEW YORK -- Penthouse Magazine said on Monday it has settled a lawsuit brought against it for running pictures of a topless sunbather misidentified as tennis star Anna Kournikova in its June issue.

The suit was brought against Penthouse's parent company, financially troubled General Media Communications, by Judith Soltesz-Benetton, daughter-in-law of Italian fashion designer Luciano Benetton, who is the woman shown in the pictures.

A spokeswoman for Penthouse said terms of the out-of-court settlement are not being made public.

Soltesz-Benetton, 28, who did not know she was being photographed, sued Penthouse in Manhattan federal court for more than $10 million for publishing the pictures without her consent.

U.S. District Judge Denny Chin had been expected to rule on Monday whether to order the magazine to recall the June issue.

The issue, bearing the headline "Exclusive Anna Kournikova Caught Close Up on Nude Beach," went on sale on April 30 and it is unclear how many issues are already in circulation.

Soltesz-Benetton, who is four months pregnant and has a young son, alleged in her lawsuit that the photos were taken while she was sunbathing topless in Miami about seven years ago. She was a professional fashion model at the time and said she sunbathed topless to get an even tan.

She alleged that the unauthorized publication of the pictures violated her privacy and that the photos were used for advertising purposes without her consent.

Kournikova has sued Penthouse separately in a California federal court.