| NEW YORK
NEW YORK A judge on Thursday dismissed a Playboy model's lawsuit against former boxing champion Oscar De La Hoya and labeled as frivolous her claims that a night of sex and drugs with him was not consensual.
Judge Paul Wooten also took the unusual step of fining both the model, Angelica Cecora, and her lawyer, Robert Anthony Evans, $500 apiece and ordered Cecora to pay De La Hoya's legal costs. The judge said the suit, which sought $5 million in damages, sought to "harass and maliciously injure" the boxer.
Cecora had dinner with De La Hoya at a Manhattan hotel on March 15 last year before heading up to his room for an evening of sex that involved her calling her roommate to join, according to the account written by Wooten in his decision.
Cecora alleged that De La Hoya, a former Olympic gold medalist and world champion of multiple weight divisions, ordered a delivery of cocaine and marijuana.
Cecora said the sex was initially consensual. Later that night, she said De La Hoya started behaving strangely and wore her underwear. He then repeatedly tried to resume sexual contact with her against her will, she said in the suit.
De La Hoya's lawyer maintained that everything that took place was consensual.
Judge Wooten said Cecora's use of the hotel's spa the following morning while she waited for De La Hoya to return to the room contradicted the idea that she was fearful and felt she was being imprisoned. She eventually checked out around lunchtime.
The judge also disagreed with Cecora's claim that De La Hoya's attempts to initiate sex with her amounted to battery.
Evans did not respond to a request for comment on Thursday. Cecora could not be reached.
Judd Burstein, De La Hoya's lawyer, said he estimated Cecora would have to pay about $20,000 in legal fees.
"This was absolutely the right result," he said in an interview. "The conduct of Ms Cecora and, more importantly, her lawyer was just disgraceful."
He said De La Hoya would not comment on the decision, although a message was posted on his official Twitter account shortly after the result: "VICTORY!!!!!!!!!!!"
(Editing by Paul Thomasch and Cynthia Osterman)