Conte's motion rejected

Updated: June 3, 2009, 7:00 PM ET
ESPN.com news services

NEW YORK -- A judge has rejected BALCO founder Victor Conte's motion for summary judgment of boxer "Sugar" Shane Mosley's defamation lawsuit.

Mosley accuses Conte of lying when he repeatedly said the former three-division world champion knowingly took illegal performance-enhancing drugs. Conte's Bay Area Laboratory Co-Operative was at the center of the scandal that enmeshed Barry Bonds and many other athletes.

Mosley lawyer Judd Burstein said Wednesday that Justice Louis York of the New York State Supreme Court rejected Conte's request. A summary judgment would have ended the suit in Conte's favor before the case went to trial.

"There was absolutely no victory today for Shane Mosley in his defamation case against me. Quite the contrary," Conte said in a statement released to ESPN.com. "The New York judge simply asked for depositions tobe taken before he throws the knockout punch to the case.Specifically, the judge noted that he is not even sure if he has jurisdictionto rule in the case. The only thing running at this point is Mosley's attorney Judd Burstein's mouth."

Mosley has said he unwittingly used steroids produced by BALCO.

Information from The Associated Press was used in this report.

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