A court in New York has rejected a bid from Fox Corp. to toss a lawsuit from voting systems provider Smartmatic against Fox News. The New York appeals court on Thursday upheld a previous ruling denying Fox Corp.

The complaint, which arose out of Fox News’s promotion of vote-rigging conspiracy theories after the 2020 U.S. presidential election, is on track to proceed to trial.

Fox Corp, the parent of Fox News Network, failed to convince a New York state appeals court to dismiss a defamation claim in electronic voting systems company Smartmatic's $2.7 billion lawsuit over the network's 2020 post-election coverage.