It was August 9th when Allen Henson had a model take off her top so he could snap a picture of her with his cell phone.
That may end up being the most expensive photo he’s ever taken.
The building’s owners are suing Henson for $1 million saying they want to maintain the building as a "safe and secure family friendly tourist attraction."
Reuters says a key point in the suit states the observation deck was filled with people, including children, when the racy picture was taken.
Another claim in the suit is that Henson took the picture "for his own commercial purpose."
Henson disagrees, calling it a "social experiment."
It turns out he’s staged photo’s like this several times before.
There was one at a restaurant in Central Park and even a shot alongside New York City police officers.
He claims it all started after he read an article saying Big Apple cops were instructed not to arrest a woman for baring her goods in public.
Henson told The New York Daily News there were guards present when they picture was taken and they seemed fine with it.
So, he claims, was everyone else. "She has nice breasts,” he began, “but people were looking at the view. It was a beautiful day."