A suit filed by a man who claims his marriage fell apart after a female counselor he and his spouse retained to patch up their differences had an affair with his wife may go forward, a Supreme Court judge ruled.

Supreme Court Justice Patrick NeMoyer in Erie County (See Profile) declined a motion to dismiss brought by the counselor, Amy Remmele, who is the defendant in a suit claiming breach of contract, breach of fiduciary duty, negligence and fraud.