A New York judge yesterday(September 22) dismissed a lawsuit filed against Sean 'Diddy' Combs and Vibe Magazine over a picture that showed her topless at a party hosted by the Bad Boy mogul.

According to The Associated Press, Vibe Magazine published a picture in their November 2006 issue that showed three women in topless mermaid costumes at Diddy's annual ‘White Party’ in 2003.

The picture was part of an article on Diddy and was captioned ‘Mermaids Gone Wild’.

Hedge fund money manager Maria Kristina Dominguez was among the three women photographed and she sued Vibe and Diddy  for $3 million claiming that the picture was used without her consent.

The judge reportedly dismissed the lawsuit because the “photo was related to newsworthy issues of public interest and Dominguez had no right of privacy while cavorting topless”.