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BY JOSE MARTINEZ
Wednesday, September 24th 2008, 8:18 AM
Maria Dominguez was suing Diddy over a topless 'Mermaids Gone Wild' photo, which appeared in Vibe magazine.
First, she lost her top. Now, she's lost her court case.
A hedge-fund hottie who sued Vibe and Diddy after the mag published a topless picture of her at the music mogul's Hamptons blowout has had her case tossed out.
Maria Dominguez, a money manager for a hedge fund, filed the $3 million invasion-of-privacy suit when a shot of her with two other bare-breasted sirens ran in the November 2006 issue of Vibe next to the caption, "Mermaids gone wild."
"When that picture came out, she wasn't too happy about it, that's for sure," said her lawyer, Albert Maimon. He would not identify the hedge fund for which Dominguez works.
Justice Doris Ling-Cohan threw out the suit, saying Dominguez couldn't expect privacy once she doffed her top at Sean (Diddy) Combs' star-studded 2003 East Hampton White Party.
"Sean Combs and his renowned annual White Party are subjects of tremendous public interest, attracting the steady attention of the public and many news organizations," Ling-Cohan wrote.
The picture of Dominguez, 28, romping in a pool with the other lovelies in sexy mermaid suits, appeared on a page that featured photographs of Howard Stern, Moby and Heavy D - all mercifully clothed.
The suit, filed in Manhattan Supreme Court, said Dominguez was never told she was being photographed and that she never gave permission for the sizzling snapshot to be published.
"The judge's fear of a decision to the contrary would have opened up Pandora's Box, being that Manhattan is the media capital of the world," Maimon said.
Vibe argued it didn't need permission at a "newsworthy" event, and Ling-Cohan agreed.
"If you need to call Mr. Gorbachev to ask permission, you'll never get anything published," said David Korzenik, a lawyer for the magazine.
Dominguez also charged that the picture, which ran with an interview of Combs, was "disguised advertising" for the hip-hop heavyweight and Bad Boy Entertainment.
"When you come to a party and you dress provocatively and you see a swarm of photographers there, you would know what you're getting yourself into," said Jonathan Davis, a lawyer for Combs.
Source: PostChronicle.com
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