By unanimous vote, a New York state court of appeals said the game's depictions were "nothing more than cultural comment" and declared that Take-Two didn't owe Lohan damages. Judge Eugene Fahey said the character in question, Lacey Jones, depicted a generic twenty-something woman that wasn't specifically referencing the actress.

"We conclude that the amended complaint was properly dismissed because the artistic renderings are indistinct, satirical representations of the style, look, and persona of a modern, beach-going young woman that are not reasonably identifiable as plaintiff," Fahey wrote in the court's decision (PDF).

In a separate ruling (PDF), the court also dismissed similar claims against Take-Two from Karen Gravano, star of the reality TV show Mob Wives, who had alleged that her likeness had been used for another character.