Furthermore, Kasowitz justified his appeal by saying that the lawsuit could "irreparably harm" Trump, and cited the stay pending appeal required by both NY and federal law. She's seeking a retraction, an apology and compensatory and punitive damages.
"We look forward to proving Ms. Zervos's claim that defendant lied when he maliciously attacked her for reporting his sexually abusive behavior", Zervos's attorney, Mariann Wang, said in an email.
Back in March, Judge Jennifer Schechter with the Manhattan Supreme Court shut down Trump's bid to avoid suit by claiming immunity.
The ruling Thursday could be was unremarkable as a matter of law, but potentially consequential and significant for Trump, according to Stephen Gillers of New York University Law School. Trump's lawyers claimed allowing the lawsuit to proceed could interfere with the president's official duties and would unfairly put him under the purview of a state court judge.
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The decision means Zervos' lawyers can proceed with demands that the president give a deposition and turn over documents.
Wang did not immediately respond to requests for comment about what her team would do next, including whether they would proceed with discovery or seek to depose Trump in the case.
In reaction to her allegations, Trump previously took to Twitter to call Zervos' claims a "hoax", while also being quoted by Bloomberg as saying that her defamation lawsuit was "politically motivated".
Allred said in a written statement that she was "very happy" with the court order.
Summer Zervos leaves Manhattan Supreme Court at the conclusion of a December 5, 2017, hearing in NY.
Zervos is one of more than a dozen women who have accused the president of sexual misconduct. He said there is a strong presumption that anything that happens in court should be a matter of public record, and sealing orders are usually reserved for confidential information such as trade secrets and medical records. The suit says Trump's remark, which he transmitted via tweet, suggests Daniels "fabricated the crime and the existence of the assailant, both of which are prohibited under NY law". He said it would be unusual for that particular court to intervene at this stage. "I don't think there is any", Gillers wrote in an email. The palace has not revealed any details about Thomas Markle's health issues, but the celebrity website TMZ says the 73-year-old retired Hollywood cinematographer is hospitalized in California after undergoing a procedure to clear blocked coronary arteries.