The server claims he pinched her and says she told Gooding not to touch her. She says he replied by saying, "Aw, that's no fun," and insisted that he touched her back.
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The Oscar-nominated actor is now charged in three similar incidents:
-June 9, 2019 at Magic Hour on 7th Avenue
-October 24, 2018 at TAO Downtown on 9th Avenue
-September 9, 2018 at LAVO on East 58th Street
Gooding appeared in a Lower Manhattan courtroom Thursday to answer to a new charge in connection to the incident at LAVO..
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The 51-year-old pleaded not guilty and his attorney blasted the growing list of allegations after the hearing.
Gooding's attorney said the new accuser is just "one more splinter that comes out of the woodwork" when a celebrity is charged.
He says Gooding has not committed a crime and will plead not guilty.
"What i see in the TAO video is at roughly 4:30 a.m., at the end of the day, Cuba is exiting the facility and with the back of his hand, his fingernail, he taps the lady in the back and turns around to give her a high five just as a salutation of goodbye -- it's not criminal conduct whatsoever," attorney Mark Heller said.
Gooding has denied all allegations of wrongdoing.
A detective with the NYPD's Special Victims Unit has been stripped of his gun and badge and is now under investigation for allegedly leaking Gooding's mugshot to a website.