A state Supreme Court judge in New York has refused to dismiss a stinging legal case against the Thoroughbred Retirement Foundation (TRF) brought by that state’s top lawyer.

Judge Anil Singh said the foundation failed to meet the legal thresholds to have New York Attorney General (NYAG) Eric Schneiderman’s lawsuit, which alleges a host of complaints, including that horses were mistreated under the group’s care, tossed out. The Sept. 13 ruling means discovery in the case can now begin. The judge has set a conference date of Nov. 7 for the sides to meet.

"New York and the nation need the Thoroughbred Retirement Foundation to succeed. But unfortunately, TRF’s board has driven this vital organization into the ground, threatening its mission and the very horses it is supposed to protect,” Schneiderman said in a statement.

In legal papers seeking to dismiss the case, TRF denies the claims by the attorney general, and say it has reduced its herds–now totaling 1,000 horses in 25 states–by 23% since 2006 as a result of a concerted effort by the foundation’s board. The group also maintains, the judge wrote, that horses under its care are in "excellent” health