EXCLUSIVE: Almost six months after Jessie Nizewitz took Viacom and the producers of the VH1 series Dating Naked to court for some big bucks for showing too much of her skin, the reality show contestant’s case has been left in its own birthday suit. A New York State Supreme Court judge has granted the defendants’ motion for dismissal against the former model (read it here).
In a hearing Wednesday, Judge Anil Singh not only dispensed with the August 19, 2014 filed complaint but put all legal fees on the plaintiff. In October, Viacom plus Lighthearted Entertainment and Firelight Entertainment moved to have the case dismissed, claiming Nizewitz violated her contract by suing.
Last fall, the defendants did admit an editing error led to the one-second “inadvertent” exposure of the 28-year-old’s vagina and anus to viewers during the July 31 broadcast of the racy series’ third episode. However, they also said agreements with Nizewitz made before filming started rendered the mistake essentially a non-event — despite her insistence she had verbal assurances that everything in a beach-wrestling scene would be blurred out.
“The three written agreements that Ms. Nizewitz signed expressly disdain reliance on any oral representations and otherwise preclude the existence of an oral contract since they provide that modifications may only be made in writing, signed by both parties,” said the defendants’ filing.
Nonetheless, Nizewitz and her attorney disagreed — emphasizing the public humiliation and personal distress she suffered after the broadcast. Looks like Judge Singh disagreed with them.
Matthew Blit of the NYC offices of Levine & Blit, PLLC represented Nizewitz. Elizabeth McNamara of NYC firm Davis Wright Tremaine LLP and Edward H. Rosenthal of Frankfurt Kurnit Klein & Seltz PC represented defendants Viacom and producers Lighthearted and Firelight.