NYC judge restores Rather's fraud claim vs. CBS

NEW YORK (AP) " A New York City judge has restored a fraud claim he previously dismissed from Dan Rather's lawsuit against CBS Corp. over a story about former President George W. Bush.

Rather's lawyer Martin Gold said Tuesday the fraud stems from CBS' failure to keep promises it made to Rather before firing him over problems with the story about Bush's Vietnam-era military service.

Judicial Hearing Officer Ira Gammerman dismissed the claim last year because of technical legal errors but ruled Rather could refile it.

CBS lawyer James Quinn says that ruling was on technical grounds and he will move right away to have the complaint dismissed.

Quinn and Gold are also waiting for the state Supreme Court's Appellate Division to decide whether to dismiss Rather's lawsuit.

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