One of several retailers in litigation with the World Trade Center's Oculus shopping mall can move forward with its counterclaims that it was fraudulently induced into a top-of-market lease for premises that were not delivered on time, a Manhattan justice has ruled.

Fika, a popular Swedish coffee shop chain that has been expanding throughout Manhattan, survived a motion to dismiss its fraudulent inducement and related counterclaims against an arm of Westfield Corp., the Australia-based public company responsible for the management and construction of the massive 365,000-square-foot Oculus mall.

Counsel for Fika at the Manhattan-based litigation firm of Oved & Oved said that, to their knowledge, the denial of Westfield's motion to dismiss represents the first significant motion victory by any of at least five retailers originally sued by Westfield for breach of contract.