Story highlights Trump is suing a chef for pulling out of a plan for a restaurant in Trump International Hotel

Trump then sued Jose Andres for breach of contract back in August

Washington (CNN) A superior court judge on Friday dismissed an attempt by celebrity chef Jose Andres to throw out a lawsuit from Donald Trump.

Trump is suing Andres for pulling out of their plan for an Andres restaurant in Trump International Hotel, a luxury building to be constructed where the Old Post Office currently is in downtown Washington, D.C. Andres has said he was offended by Trump's inflammatory rhetoric on immigration.

Trump then sued Andres for breach of contract back in August, causing both Andres and fellow chef Geoffrey Zakarian to file counter-claims. Andres' motion asked for a partial summary judgment.

But District of Columbia Superior Court Judge Jennifer Di Toro on Friday denied that attempt.

"The court finds that substantial material facts in dispute remain regarding the effect of Mr. Trump's statements on Defendants' rights," Di Toro wrote.

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