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Sean “Diddy” Combs emerged victorious in court this week as New York City judge dismissed a lawsuit filed by a woman who complained about being photographed topless at a party thrown by the rapper/mogul.

The Associated Press reports that Maria Kristina Dominguez sued Vibe magazine and Combs for $3 million.

The lawsuit stemmed from a photo of three bare breasted women that was taken at the music executive’s annual White Party in East Hampton in 2003.

The picture, which was captioned “Mermaids Gone Wild,” was published in the November 2006 issue of Vibe with an article on Combs.

Dominguez, a hedge fund money manager who was one of the women wearing a mermaid costume in the photo, claimed the picture was published without her consent.

Despite her complaint, a Manhattan judge ruled the photo was related to newsworthy issues of public interest and Dominguez in this instance, had no right of privacy while cavorting topless except for pasties.

According to Dominguez’s lawyer, his client is exploring her options.