UPDATE: Cops confirmed to Radar that they have Christian LaBella under arrest for the assault on Lohan. "He has been charged with assault which is a misdemeanor and harassment which is a violation," Officer Duffy tells us.
Lohan told cops she'd met the man at 1 Oak nightclub and invited him back to her room at the W Hotel, along with some of her friends.
An argument ensued over photos she said he'd taken of her on his cell phone. She took it from him, and he then punched and chocked her, the troubled actress claimed.
A spokesperson for the NYPD tells RadarOnline.com exclusively that they took the "assault report" of the incident at 6 am. The "victim" was not injured.
"We are currently interviewing a person of interest," Officer Duffy tells us.
"No charges have yet been filed."
Lohan's TV flick Liz & Dick, which she's hoping will help revive her acting career, airs on Lifetime in November.