A New York City judge has refused to dismiss a case by a part-time model and dancer who alleges the city's biggest LGBT club guide defamed him by identifying him as a porn star in an ad for gay club Splash. HX magazine had attempted to have Alex Saez's $1.25 million lawsuit tossed out but Manhattan Supreme Court Justice Emily Goodman ruled the suit could proceed, noting that the magazine "does admit that no investigation was done" to determine if he was indeed a porn star. Saez is a go-go dancer at Splash by night and worked in retail by day. He claims in the lawsuit that agreed to pose for the ad but with certain conditions. "[He] accommodated the request [to pose] provided that any images be used solely for one-time limited in-house distribution of flyers," the lawsuit charges The photo showed Saez barechested and in open jeans. The lawsuit says that was shocked to see the ads placed by Splash in HX magazine that called him a "Big City Video porn star" and identified him as Alex. The suit names both Splash and HX as defendants. "[He] became the subject of gossip and innuendo at his workplace, and became deeply concerned that he would lose his job if his employers believed that he was a porn star," the suit says. The publication of the ad cost Saez his day job at a children's clothing store. Splash is one of the biggest gay clubs in the country at 10,000- square feet. It regularly runs promotions such as "Full Frontal Friday" and "Stud Search". In allowing the lawsuit to proceed, Goodman's ruling does not preclude the defendants from moving for a dismissal during the trial. Ref: 365gay.com (m)