The lawsuit was laughable from the start. MTV The Real World: Key West participant John Devenanzio claimed that an animated-show-within-a-show plotline of HBO’s Entourage, featuring Kevin Dillon’s character Johnny Drama as the voice of monkee Johnny Bananas, caused him emotional distress.

Creative distress, maybe. But as it merited to be, THR Esq. contributor Matthew Belloni Eriq Gardner reports today that a New York judge mercifully threw out this nicked nickname claim last week. Albeit on a technicality:

The episodes in question started airing on Aug. 15, 2010, and Devenanzio didn’t bring the claim until Oct. 3, 2011. The one-year statute of limitations window had closed, and so the judge finds the lawsuit to be less “Johnny Bananas” and more “Johnny Rotten.”

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