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Wednesday, April 24, 2024 | Back issues
Courthouse News Service Courthouse News Service

Parking Magnate Unveils Herpes Suit Accuser

(CN) - A model who accused a parking-lot magnate of giving her herpes cannot remain anonymous if she wants to sue him, a New York appeals court ruled.

Though known only as "Anonymous" in the 2013 lawsuit against Imperial Parking Systems owner William Lerner, the former model plaintiff spoke to the New York Post about her alleged love affair with Lerner that began in 2012.

She told the newspaper that she had an outbreak of herpes after having unprotected sex with Lerner for the first time.

"It did cross my mind that maybe he should be tested, but on the other hand, I trusted him completely," the woman told the Post.

In Manhattan Supreme Court, Lerner moved to compel the plaintiff to reveal her name. Judge Debra James agreed, and the Appellate Division's First Department affirmed last month.

The three-page order from the five-justice panel explains that the model's privacy interest must be balanced against Lerner's right to an open trial.

Speaking to the media also weighed against the interest of privacy, according to the ruling.

"Plaintiff's privacy concerns were outweighed by, inter alia, the fact that the action was brought against an individual defendant, relates to his private life and reputation, and puts plaintiff's credibility at issue, and undermined by her reporting her story to the media before serving defendant with process," the unsigned opinion states.

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