The multimillion dollar lawsuit brought against singer Beyoncé by video game developer Gate Five can move forward, a New York Superior Court judge ruled on Tuesday. Attorneys for Beyoncé had filed a motion to dismiss the lawsuit by Gate Five, which alleged that the singer had skipped out on an agreement to create a motion-sensing video game based on her dance moves. 

Gate Five filed the suit in April of 2011, claiming that Beyoncé had “double crossed” them by refusing to proceed with the development of a video dance game. The company claims that, after spending $6.7 million to develop the game, the singer wanted more money to continue with the project. Beyoncé’s demands allegedly resulted in the loss of $19.2 million in financing, which meant that Gate Five had to discharge 70 employees one week before Christmas in 2010.

The pop singer claims she acted solely within the terms of her contract because Gate Five did not obtain $5 million in “committed financing” as promised. Her lawyers also claimed that Gate Five’s primary financial backer was to blame for disrupting “the collaborative atmosphere” between the singer and the game developers.

Gate Five filed a brief claiming that Beyoncé’s concerns over the $5 million in “committed financing” were insincere, since they were about to sign a $19.2 million financing contract when the star abandoned the project. Gate Five also claims that they had relied upon the singer’s insistence that securing the financing by November 15th was not an issue.

Charles Ramos, New York Superior Court judge, rejected the pop star’s motion to dismiss the lawsuit, and discovery related to the case is set to go forward. The game, which would have been called Starpower: Beyoncé, had been earmarked as a multimillion dollar profit-maker for Gate Five. The game developer is now expected to seek substantial damages and compensation in the lawsuit, in addition to an injunction that would prohibit the pop star from participating in any other video game collaborations.