Win! Real Housewives of New York star Bethenny Frankel scored a major victory in her ongoing battle in court with her ex-husband Jason Hoppy. The exes faced off in front of a judge on Monday, Oct. 15, in a custody battle over their eight-year-old daughter Bryn Hoppy. Jason’s latest low blow was to request that his baby mama undergo drug and alcohol testing as part of the custody proceedings — but a judge completely shut him down and ruled in Bethenny’s favor.

“She is allowed to occasionally go and drink without her daughter present,” Judge Michael Katz said in court, according to Radar Online. “What exactly is your claim? That she goes out and occasionally has a drink because that’s not illegal.”

The judge explained that there was not “evidence sufficient enough to order drug and alcohol testing.” He also completely slammed Jason, 48, for even suggesting that Bethenny, 47, should be monitored for drugs or alcohol use.

“It is my job to see if there is a reasonable doubt, and so far I don’t see it,” the judge continued. “I think you are trying to exploit Ms. Frankel to embarrass her. The appeal is denied.”

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Jason’s lawyers tried to fight back, claiming that footage of Bethenny’s alcohol consumption on her hit Bravo reality TV series should be enough evidence to subject her to testing. “Your honor, we saw her drinking alcohol with friends on the Housewives, where she abused Ambien and alcohol,” Jason’s lawyer said, according to Radar. “There’s evidence that she is…getting excessively intoxicated. I think it’s enough to order a drug and alcohol test to see the extent of it.” But the judge stood his ground and said that Bethenny’s antics on RHONY are just “entertaining,” and not indicative of an underlying issue.

Bethenny and Jason have been facing off against each other in long, drawn-out court battles over finances, legal issues, and custody ever since they split 2012. Bethenny once revealed to Andy Cohen on Watch What Happens Live that the reason for their breakup was “fundamental differences.”

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