The judge ruled DiCaprio did not aid and abet the street assault

The film star and two other men were sued for $45m (�27.9m) by actor and screenwriter Roger Wilson.

He accused Mr DiCaprio, 29, of telling friend Todd Healy to beat him up after a row over a former girlfriend in 1998.

But judge Paula Omansky said Mr Healy never heard the actor's alleged remark: "Go out there and kick his ass."

The legal papers filed against DiCaprio and his friends alleged the actor incited "his posse" to attack Wilson outside a Manhattan restaurant.

DiCaprio 'grateful'

But the judge ruled only a restaurant security guard had heard Mr DiCaprio's alleged statement, so he could not be said to have aided and abetted Mr Healey.

She cited Mr Healey's sworn testimony that he was never in the restaurant and came upon the group outside, when a row started over phone calls to Mr Wilson's then-girlfriend, Showgirls actress Elizabeth Berkley.

The judge said the case could continue against Healey, who admitted punching Wilson but claims it was in self-defence.

Mr Wilson alleges he suffered a broken larynx when he was hit in the throat, ending his singing career.

Mr DiCaprio's lawyer, Paul Callan, said the ruling left his client "totally out of the case".

A statement from the Titanic actor's publicist said he was "grateful that the judicial system has finally resolved this case in a fair and just manner".

The judge also dropped the cases against Mr DiCaprio's friends Jay Ferguson and Kevin Connelly.