A New York court yesterday dismissed Dan Rather's $70 million breach of contract lawsuit against CBS Corp., noting that the network continued to pay the anchor $6 million a year even after he left the evening news broadcast.

Rather sued CBS and its top executives in 2007, claiming he had been removed from his "CBS Evening News" anchor post over a report that examined President George W. Bush's military service.

The complaint "must be dismissed in its entirety," the court said.

The five-judge panel in the state Supreme Court's appellate division ruled unanimously that a lower court "erred in declining to dismiss Rather's breach of contract claim against CBS."

The court said there was no breach because CBS still paid Rather his $6 million annual salary after the disputed 2004 broadcast under the "pay or play" provision of his contract.

VIDEO COMPANY SUING YOKO ONO

A Massachusetts company that claims rare film footage of the late John Lennon was stolen and sold to Yoko Ono without its permission asked a federal judge yesterday to award it $6.3 million in damages. World Wide Video is suing Ono and Anthony Pagola, a broker who sold Ono the footage.

Earlier this year, a judge ruled that Lennon's widow is the rightful copyright owner of the 1970 footage, which shows Lennon smoking marijuana and joking about putting LSD in President Richard Nixon's tea.

JAMAICA CONVICTS TOSH SON FOR MARIJUANA

A son of a reggae legend who promoted legalization of marijuana has been convicted of possessing the drug.

Andrew Tosh, 42, son of the late Peter Tosh, was found guilty late Monday in Kingston, Jamaica, of possessing a small amount of marijuana. He was sentenced to 200 hours of community service, according to court documents.

Peter Tosh helped found The Wailers with Bob Marley in 1963, and later branched off on his own. The title track on his album "Legalize It" about marijuana urged lawmakers to "legalize it, don't criticize it."

Peter Tosh was killed in 1987 at age 42 by robbers who broke into his home.

Andrew Tosh has recorded four reggae albums, including the Grammy-nominated "Make Place For The Youth."

NERO'S ROTATING BANQUET HALL DISCOVERED

Not only was Nero a Roman emperor, it turns out he may also have been the father of the revolving restaurant.

Archaeologists yesterday unveiled what they think are the remains of Nero's extravagant banquet hall, a circular space that rotated day and night to impress his guests.

The room, part of Nero's Golden Palace, a sprawling residence built in the 1st century A.D., is thought to have been built to entertain government officials and VIPs, said lead archaeologist Francoise Villedieu.

The emperor, known for his lavish and depraved lifestyle, ruled from 37 A.D. to 68 A.D.