After earlier defeats in both state and federal court, billionaire investor Carl Icahn caught a break this week in a legal showdown with Wachtell, Lipton, Rosen & Katz.

New York’s Appellate Division, First Department on Thursday revived malpractice claims against Wachtell brought by Icahn-controlled CVR Energy Inc. The appellate panel reversed lower court judge O. Peter Sherwood of New York Supreme Court in Manhattan, who had previously dismissed CVR’s malpractice allegations.