Defamation Lawsuit Against Donald Trump Can Be Heard by NY Court of Appeals, First Department Rules
Zervos' lawyer, Beth Wilkinson of Wilkinson Walsh + Eskovitz, said in a statement that she and her team are looking forward to arguing the case in the Court of Appeals.
January 07, 2020 at 05:04 PM
2 minute read
The defamation lawsuit filed in 2017 by Summer Zervos, a former contestant on President Donald Trump's reality show "The Apprentice," is now likely to be heard in New York's highest court, under a ruling Tuesday from the New York Supreme Court, Appellate Division, First Department.
After affirming the Manhattan Supreme Court's denial of Trump's motion to dismiss in March, a panel of First Department judges granted Trump's motion for leave to appeal Tuesday.
Zervos' lawyer, Beth Wilkinson of Wilkinson Walsh + Eskovitz, said in a statement that she and her team are looking forward to arguing the case in the Court of Appeals.
"We remain confident that we will prove her defamation claim in court and that Mr. Trump will face responsibility for his actions," she said.
In 2016, Zervos publicly accused Trump of kissing and groping her without her consent in 2007, when she said she was trying to cultivate a professional relationship with the future president.
Trump, who has repeatedly denied her accusation, said Zervos was lying, according to the complaint she filed in Manhattan in 2017.
Trump's lawyers have argued, in this case and in others, that the president should not be subject to state legal actions while in office.
In Tuesday's ruling, the First Department also stayed trial court proceedings while the Court of Appeals hears Trump's appeal.
Trump is represented in the case by Kasowitz Benson Torres, and the firm released a statement praising the decision Tuesday afternoon.
"We believe that the Court of Appeals will agree that the U.S. Constitution bars state court actions while the President is in office," the statement said.
Wilkinson replaced Mariann Meier Wang of Cuti Hecker Wang as Zervos' counsel in late 2019.
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