A defamation action filed in New York state court by a man who describes himself as a “mere model and dancer” against the magazine that referred to him as a “porn star” will go forward following the denial of the magazine’s motion to dismiss.

Manhattan Supreme Court Justice Emily Jane Goodman ruled against HX Magazine, holding that issues of fact remained regarding the measures taken to “assure [the] veracity” of the statement. The magazine refers to itself on its Web site as “Homo Xtra, the Totally Biased, Politically Incorrect Party Paper, the hottest guide to gay nightlife and culture in New York City!”

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