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A New York appellate courtroom on Thursday rejected President Donald Trump’s try to dam the defamation swimsuit of an Orange County, Calif., girl who says he lied through the 2016 marketing campaign about sexually assaulting her on the Beverly Hills Lodge.

The courtroom’s 3-to-2 ruling permits Summer time Zervos, a former contestant on “The Apprentice,” to press ahead towards a Manhattan trial of her allegation that Trump defamed her by branding her a liar within the weeks earlier than he was elected president.

Trump’s authorized staff argued that the U.S. Structure immunizes him from state courtroom lawsuits arising from his personal conduct earlier than he took workplace.

The courtroom disagreed, opening the best way for Trump to be deposed about what Zervos says was a sexual assault in his bungalow on the Beverly Hills Lodge in 2007.

“Ought to the trial courtroom discover it essential to require the president to testify, it might permit him to take action by videotape, as has been the customized in current proceedings involving sitting presidents,” Justice Dianne T. Renwick wrote within the majority opinion.

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Zervos lawyer Mariann Wang mentioned she was happy the courtroom affirmed Trump was “not above the legislation.”

“We look ahead to proving to a jury that Ms. Zervos instructed the reality about (Trump’s) undesirable sexual groping and holding him accountable for his malicious lies,” she mentioned.

Trump lawyer Marc E. Kasowitz mentioned the president will enchantment the choice to the New York Court docket of Appeals, the state’s highest courtroom.

“We respectfully disagree with the bulk determination within the Appellate Division,” he mentioned.

a person standing in front of a window: Summer Zervos, who appeared on Season 5 of the reality show, 'The Apprentice' said that Trump kissed her on the lips several times when she went to his office in 2007, during a news conference on October 14, 2016, with attorney Gloria Allred in Los Angeles. Appeals court judges rule Zervos' defamation case against Trump can go forward.© Irfan Khan/Los Angeles Instances/TNS
Summer time Zervos, who appeared on Season 5 of the truth present, ‘The Apprentice’ mentioned that Trump kissed her on the lips a number of occasions when she went to his workplace in 2007, throughout a information convention on October 14, 2016, with lawyer Gloria Allred in Los Angeles. Appeals courtroom judges rule Zervos’ defamation case in opposition to Trump can go ahead.

Kasowitz mentioned he agreed with a dissenting opinion by Justice Angela M. Mazzarelli that state courts are barred from listening to instances in opposition to a sitting president.

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Zervos was one among greater than a dozen girls who accused Trump of sexual misconduct within the weeks earlier than the November 2016 election.

She says she arrived on the Beverly Hills Lodge for dinner with Trump one evening in 2007 and was escorted to his bungalow, the place he aggressively kissed her open-mouthed and positioned a hand on her breast.

After she pushed him away and expressed her disinterest, she says, he pressed his genitals in opposition to her and tried to kiss her once more.

In October 2016, per week after the discharge of an “Entry Hollywood” tape of Trump saying girls let him seize them by the crotch as a result of he was well-known, Zervos, a Republican, mentioned at a information convention: “You wouldn’t have the correct to deal with girls as sexual objects simply because you’re a star.”

Trump denied assembly her on the lodge or greeting her inappropriately. He repeatedly referred to as her a liar. She sued him simply earlier than his January 2017 inauguration.

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Thursday’s courtroom ruling cited the U.S. Supreme Court docket’s rejection of President Invoice Clinton’s try to dam the federal lawsuit that Paula Jones filed in opposition to him for sexual harassment.

The New York courtroom disagreed with Trump’s argument that the Jones ruling didn’t apply to a state courtroom, saying “although he’s tasked with vital tasks, the president continues to be an individual, and he’s not above the legislation.”

The president is immune from lawsuits for actions taken in his official capability, the courtroom acknowledged, however not for his personal conduct earlier than taking workplace.

Trump’s attorneys additionally argued that it could violate the U.S. Structure if a state courtroom had been allowed to carry a president in contempt. The New York justices dismissed the situation as hypothetical.

State courts “are absolutely conscious that they need to not compel the president to take acts or chorus from taking acts in his official capability or in any other case stop him from executing the tasks of the presidency,” Renwick wrote.

Go to the Los Angeles Instances at www.latimes.com

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