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NEW YORK — A New York City judge says Dan Rather can proceed with his $70 million lawsuit accusing CBS of violating its contract with him when the network fired him.

Judicial hearing officer Ira Gammerman dismissed a fraud complaint against CBS on Monday and a business interference complaint against CBS and former parent company Viacom. No causes of action remain in the lawsuit against Viacom.

CBS lawyer James Quinn says Rather can’t prove breach of contract because the network assigned him to "60 Minutes II" as required and paid him what it owed him.

Rather lawyer Martin Gold says proving breach of contract will be "a slam dunk."

The judge also allowed Rather to continue pursuing his breach of fiduciary duty complaint against CBS. He told both sides to return to court Oct. 7.