President TrumpDonald TrumpCapitol fencing starts coming down after 'Justice for J6' rally Netanyahu suggests Biden fell asleep in meeting with Israeli PM Aides try to keep Biden away from unscripted events or long interviews, book claims MORE's lawyers are asking a New York state appeals court to dismiss a former "Apprentice" contestant's defamation lawsuit.
The Associated Press reported that a notice of the appeal was filed on Sunday asking the court to throw out or freeze the lawsuit from Summer Zervos.
The lawyers are appealing a ruling last month from a state Supreme Court justice who wrote Trump does not have immunity from the lawsuit as president.
"In Clinton v Jones the United States Supreme Court held that a sitting president is not immune from being sued in federal court for unofficial acts,” Justice Jennifer Schecter wrote. “It left open the question of whether concerns of federalism and comity compel a different conclusion for suits brought in state court. Because they do not, defendant’s motion to dismiss this case or hold it in abeyance is denied."
Zervos alleges in the lawsuit that she and her business were damaged after Trump made derogatory statements about her.
The former "Apprentice" contestant alleged in 2016 that Trump groped and kissed her during a meeting about a job opportunity in 2007.
Trump accused Zervos of making up the claims, referring to them as “false smears for personal fame."
The president also retweeted a picture of Zervos with the caption " This is all yet another hoax."
The president's legal team said his public remarks about Zervos were “non-defamatory opinions.”