Lindsay Lohan arrives at the 98th annual White House Correspondents' Association Dinner at the Washington Hilton on April 28, 2012 in Washington, DC. Credit: Paul Morigi/

Charges against Lindsay Lohan's alleged attacker have been dropped by police, but the case is not yet closed.

The 26-year-old Liz & Dick actress claimed she was punched and choked by Christian LaBella, 25, in her NYC hotel room early Sunday morning after an argument escalated over cell phone photos.

New York City police department confirmed to Us Weekly Sunday that LaBella was charged with assault and harassment. On Monday, however, NYPC Deputy Commissioner Paul Browne told CNN, "Cross complaints for harassment were filed and LaBella's assault arrest was voided after detectives investigated further."

Both Lohan and LaBella have filed harassment claims against each other.

According to NBC New York, the two met at 1Oak nightclub in NYC Saturday night and Lohan invited him back to her room at the W hotel. They then reportedly got into a fight that turned physical after Lohan learned Labella took photos of her on his cell phone

The actress' rep told Us on Sunday, "Lindsay was assaulted early this morning in a New York hotel. While she did sustain some injuries, she was not hospitalized. Lindsay has spoken with police and is fully cooperating with the investigation."