You say 'porn star,' I say 'dancer'

NEW YORK (AP) - A man who calls himself a "mere model and dancer" can proceed with a libel lawsuit against a nightclub and a magazine that billed him as a porn star, a Manhattan judge has ruled.
State Supreme Court Justice Emily Jane Goodman rejected Splash nightclub and HX Magazine's motion to dismiss the lawsuit filed by Manuel Alex Saez for calling him "Big City Video Porn Star Alex" and allegedly using his photo without proper permission.
On its Web site, HX describes itself as "Homo Xtra, the Totally Biased, Politically Incorrect Party Paper, the hottest guide to gay nightlife and culture in New York City! In print since 1991 and on the Internet since 1995."
Alan Effron, lawyer for HX Media, said Monday that it was "unfortunate" the court failed to recognize that the Saez item was "newsworthy to its readership, and that, in simply printing the press release and photograph supplied by a historically reliable source, the magazine acted responsibly."
HX published the caption and photo as a promotional listing for his performance at Splash, a gay dance club on West 17th Street, the decision says.
"The photo depicted a 'buff,' bare-chested muscle man in open jeans," Goodman wrote in her decision.
But the judge said issues of fact remain about steps HX took steps to learn whether Saez was in fact a porn star.