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.

HX argued that the listing was not an ad, but a “newsworthy” notice of a public event, and that it had a right to rely on Splash, a “historically reliable” source, which frequently advertises in and is mentioned in the magazine, the judge wrote.

HX later published a correction and retraction, the judge wrote.

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.”

Effron said he was sure the court eventually would change its opinion.

Saez’s lawyer did not immediately return calls for comment.

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 to learn whether Saez was in fact a porn star. The judge said there also is an issue about whether HX used the photograph commercially without authorization.

She said all sides agree that Splash provided the announcement, including the photograph and the porn-star description.

“As to the words claimed to be actionable (as well as the photo), defendant (HX) does admit that no investigation was done” to determine their truth, the judge wrote.