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Aerosmith's Steven Tyler Sexual Assault Lawsuit Dismissed as Victim Requests the Motion Be 'Stricken'

Jeanne Bellino, a former teenage model, filed the lawsuit in November

<p>Theo Wargo/Getty</p> Steven Tyler

Theo Wargo/Getty

Steven Tyler

A lawsuit accusing Aerosmith's Steven Tyler of sexually assaulting a teenage girl decades ago has been dismissed.

On Wednesday, U.S. District Judge Lewis Kaplan ruled that Jeanne Bellino, a former teenage model, waited too long to bring the case to light and it did not qualify under the New York City law that allows abuse victims to speak up about decades-old claims, according to documents obtained by PEOPLE.

The judge ruled that the window only applies to cases where the abuser's actions presented a "serious risk of physical injury" — and his alleged actions did not.

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“The complaint in this case does not alleged conduct presenting a serious risk of physical injury and therefore fails to state a legally sufficient claim under the [statute],” the judge wrote.

Shortly after the judge's decision, Bellino filed a response and claimed that she was not served with Tyler's underlying motion, despite his claim that she was served electronically on Feb. 2.

Related: Second Woman Files Sexual Assault Suit Against Steven Tyler, Claiming He Assaulted Her When She Was a Teen in 1975

"By this letter we wish to make the Court aware that [Tyler] did not properly serve its Motion and as a result, [Bellino] did not have the opportunity to oppose it," the response, which was obtained by PEOPLE, reads.

For this reason, Bellino is requesting that the motion and order be "stricken."

Tyler attorney David Long-Daniels tells PEOPLE, "We agree with the court’s reasoning and are grateful for this result for our client Steven Tyler."

Bellino filed the lawsuit in November and claimed she suffered “physical, psychological and emotional injuries” after the musician groped, kissed and simulated sex without her consent.

“Jeanne is now 66 years old and suffered in silence and humiliated shame for so many years, and had the courage to now tell her story,” her attorney Jeff Anderson told PEOPLE at the time. “As horrific as it is, it’s powerful, and she wanted Latina women and girls to know they can stand up and speak out.”

In the complaint, which was obtained by PEOPLE, Bellino said she was signed to a children’s modeling agency, and on the day she met Tyler, had traveled from her home in Queens to Manhattan for a fashion show. A friend then allegedly made arrangements for them to meet Aerosmith at a party at the Warwick Hotel afterward.

Eventually, Bellino, who said she was around 17 years old at the time, and her friend met up with Tyler, then around 27, and his entourage, and the group walked together down 6th Avenue.

“As they walked, [Bellino] commented about a song lyric to Tyler,” the complaint said. “Tyler became visibly irritated by [Bellino’s] question, then suddenly Tyler grabbed [Bellino] by the hand and forced her into a phone booth.”

The complaint alleged that Tyler, now 75, “stuck his tongue down her throat” while “holding her captive” in the booth, and “put his hands upon her body, her breasts, her buttocks and her genitals, moving and removing clothing and pinning her against the wall of the phone booth.”

The “Dream On” singer also allegedly groped Bellino and simulated sex with an erect penis while others stood by, laughing and watching without intervening. She claimed the incident was her first sexual experience.

Bellino said she tried to fight back against the “much stronger” Tyler despite weighing just 115 lbs., and that she eventually freed her right arm and grabbed the back of his head, pulling on his hair and raising her knee. He allegedly stopped the encounter “suddenly” and left the phone booth.

Afterward, the complaint said a “dazed, confused and shocked” Bellino went with her friend back to the hotel because she had no way to get home. As the group entered the hotel through a bar entrance, Tyler allegedly pinned Bellino against the wall, “put his tongue down her throat and started humping [Bellino], simulating sex.

The complaint said that as a result of the incident, Bellino suffered “severe and permanent emotional distress, physical manifestations of emotional distress, embarrassment, humiliation, physical, personal and psychological injuries.”

Related: Steven Tyler Makes First Appearance Since Larynx Fracture: 'My Throat's Been Better but It's on the Mend'

She also claimed she was hospitalized and medicated afterward, and has continued to require medication to cope with the assault. She was seeking unspecified damages “that will fully and fairly compensate” her and requested a trial by jury.

Her filing came about a year after Tyler was accused of sexual assault and battery of a minor in a suit filed by Julie Misley, who claimed she had a sexual relationship with the star when she was a teen in the 1970s. She alleged that he convinced her mother to grant him guardianship over her when she was 16 so that they could have a sexual relationship.

Tyler was not named in Misley’s suit, but her allegations aligned with comments the rocker had made publicly in his 2011 memoir Does the Noise in My Head Bother You? about a relationship with a 16-year-old girl. She later named Tyler directly in a follow-up statement.

In April, Tyler requested the lawsuit be dismissed, alleging that Misley consented to their sexual relationship, and that he had immunity as her legal guardian at the time the events allegedly occurred (Her lawyer suggested Tyler was “gaslighting” her).

If you or someone you know has been sexually assaulted, please contact the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or go to rainn.org.

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Read the original article on People.