A judge has decided that Tricia Walsh-Smith, the bitter ex-wife of Shubert Organization head Philip Smith, went too far when she ranted publicly on YouTube about her and her estranged husband’s sex life.

She even went as far as to call his office – while being filmed – and told the secretary, “I don’t know if you know, but you know Philip and I never had sex – but he’s got Viagra and condoms and stuff here and porn movies. Just ask him what he wants me to do with them, would you?”

Now the cold hearted bitch has just 30 days to vacate their Park Avenue apartment.

Tricia, 52, has been awarded $750,000 in the divorce settlement, which is what she agreed to in the couple’s prenup.

Supreme Court Justice Harold Beeler said that Walsh-Smith was “cruel and inhuman” for taking their divorce to such a public forum.

“The posting of the defendant’s first YouTube video was a watershed event in this marriage, elevating what was still primarily a private dispute into a public spectacle,” the stated. “He has been publicly humiliated and embarrassed to an unprecedented extent.” He added that Tricia “has thrived on being in the public spotlight,” and that Smith “has suffered tremendously from this attention,” including “heart problems.”

“Had defendant not posted her videos on YouTube, a case could be made that her previous marital misconduct did not rise to the level of cruel and inhuman treatment, a claim that ironically she herself made on YouTube,” Beeler wrote.

So what did the scorned ex have to say about the judge’s decision? “I thought it sucked,” she said. “I’d be better off in Baghdad. President Bush is bringing democracy to Iraq. He should try bringing it to New York.”

Of course she says she will appeal – and will keep posting updates via YouTube.

“I’m a warrior. I’m not giving up,” she said. “I’m going to go down swinging.”

Smith, 76, just seemed happy it was over. “I’m terribly sorry it had to come to his, but I’m happy with the result,” he said.

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