"" how="" my="" family="" created="" the="" most="" dangerous="" width="620" height="372" /> The cover of Mary Trump's "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man"

Queens County Surrogate's Court Judge Peter Kelly on Thursday dismissed Robert Trump's motion for an injunction against the publication of his niece Mary Trump's upcoming book about her uncle, President Donald Trump.

Attorney Charles Harder, who is representing the president's brother, said he will file a new lawsuit in New York State Supreme Court as a result of the ruling.

Harder filed papers in Surrogate's Court Wednesday, arguing that the book would violate a confidentiality provision Mary Trump signed in the 2001 settlement agreement associated with her grandfather Fred Trump's will.

Mary Trump's book, "Too Much and Never Enough: How My Family Created the World's Most Dangerous Man," is set to be published July 28, according to publisher Simon & Schuster's website.

In a four-page decision, Kelly wrote that Harder's submissions suffered from "several improprieties." Harder could not seek a preliminary injunction in an action that was terminated by entry of a decree 19 years ago, Kelly found.

The petition filed Wednesday seemed to seek a declaratory judgment that Mary Trump is violating her obligations under the settlement agreement, Kelly found.

"Insofar as the petition seeks a declaratory judgment, this forum is presumptively improper as such relief should be obtained by means of an action in the Supreme Court and not a special proceeding in this court," Kelly wrote. "While it has been held that the Surrogate's Court can grant declaratory relief, such instances are rare and, crucially, involve contested issues concerning the administration of estate assets. … Such a finding cannot be made here because this controversy is a dispute regarding private rights and obligations which fall outside the parameters of the subject matter jurisdiction of the Surrogate's Court."

Even though Mary Trump and Simon & Schuster have not yet been served, Kelly found that Robert Trump would not be able to successfully argue that the current dispute affects the administration of Fred Trump's estate.

If Robert Trump should obtain relief, it would flow to him personally and not in his capacity as a fiduciary of his father's estate, Kelly wrote, finding that Mary Trump's actions are likewise being challenged by her status as a signatory of an agreement with her uncles and aunt, not as a beneficiary of her grandfather's estate.

"The irrefutable conclusion is, regardless of the outcome of this matter, the administration of this estate will not be impacted one iota," Kelly wrote.

Gibson, Dunn & Crutcher partner Theodore Boutrous Jr., who is representing Mary Trump, praised the ruling in a statement.

"The court has promptly and correctly held that it lacks jurisdiction to grant the Trump family's baseless request to suppress a book of utmost public importance," Boutrous said. "We hope this decision will end the matter. Democracy thrives on the free exchange of ideas, and neither this court nor any other has authority to violate the Constitution by imposing a prior restraint on core political speech."

Harder did not immediately respond to a request for comment Wednesday.

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