(Credit: The New Yorker, screenshot)

“Forensic art expert” Peter Biro can sue the New Yorker over a 2010 profile on him, the New York Times reported.

We wrote last year when Biro filed his $2 million lawsuit against the magazine claiming the article was “written and published with malice and an indifference to the standards of responsible journalism.”

According to the Times, Judge J. Paul Oetken ruled August 7 that “part of” Biro’s lawsuit should be dismissed but that he can still sue over a portion of the article.  The Times quoted from Oetken’s ruling:

“The Article as a whole does not make express accusations against Biro, or suggest concrete conclusions about whether or not he is a fraud. Rather, it lays out evidence that may raise questions, and allows the reader to make up his or her own mind…At the same time, there can be little doubt that even a publication that, on the whole, merely raises questions has the potential to have serious consequences on a plaintiff’s reputation.”