A hedge fund manager who tried to sue P Diddy and Vibe magazine for publishing a topless photo of her has lost seen the court throw out her case.

The picture of Maria Dominguez was taken at Diddy's annual Hamptons party and was published in the Nov 06 edition of Vibe.

The shot showed Dominguez in a pool with other women dressed in a mermaid suit and appeared alongside shots of Moby and Howard Stern.
However, Judge Doris Ling-Cohan dismissed the suit saying that Dominguez couldn't expect privacy at such a public event.

According to the New York Daily News she said: "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."

The suit had argued that Dominguez had never been told she was being photographed for a magazine but Vibe countered that they didn't need permission to shot a 'newsworthy' event.

"If you need to call Mr. Gorbachev to ask permission, you'll never get anything published," said David Korzenik, a lawyer for the magazine.