By Adam B. Vary
May 16, 2012 at 10:10 PM EDT

No one makes a monkey out of HBO. The pay cable network successfully defeated a lawsuit brought by Real World: Key West star John “Johnny Bananas” Devenanzio, that alleged the cartoon character “Johnny Bananas” from Entourage‘s final season caused Devenanzio emotional distress and defamed him.

The issues in the lawsuit — which also named Entourage creator Doug Ellin and HBO (and EW) parent company Time Warner — included whether nicknames are protected under law, and whether the Entourage writers intended to harm Devenanzio by naming the cartoon monkey voiced by the fictional Johnny “Drama” Chase (Kevin Dillon), “Johnny Bananas.”

According to court documents obtained by EW, however, the case was dismissed by New York Superior Court Judge Lucy Billings for a far more prosaic reason: The filing missed the one year statute of limitations by almost two months. The judge also indicated that she would have ruled in HBO’s favor anyway, noting that “the telecast, even if repeated, does not constitute atrocious, indecent or utterly despicable conduct meeting the requirements for an intentional emotional distress claim.”

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