New York Daily News

Can’t stall ‘Apprentice’ groping suit

- BY GLENN BLAIN

ALBANY – New York’s highest court on Thursday rejected President Trump’s bid to delay the defamation lawsuit brought against him by former “The Apprentice” contestant Summer Zervos.

The Court of Appeals, in a brief, unanimous ruling, denied a motion brought by Trump’s lawyers seeking to put trial proceeding­s on hold while a lower appellate court weighs the question of whether a sitting President can be sued in state court.

“Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action,” the court stated.

Zervos (inset) claims Trump defamed her when he called her a liar for accusing him of groping and forcibly kissing her. She filed the lawsuit in January 2017 and is seeking to have Trump testify under oath.

Trump’s lawyers have moved to dismiss the case on the grounds that the President cannot be sued in state court while in office.

State Supreme Court Justice Jennifer Schecter in March denied Trump’s bid to dismiss the case, saying “no one is above the law.” Trump has appealed that ruling to the appellate court.

“New York’s highest court has rejected Defendant’s motion for a stay,” said Mariann Wang, an attorney for Zervos. “This is now the third time the courts have rejected Defendant’s effort to block the progress of this case. We look forward to continuing the discovery process and exposing the truth.”

A spokespers­on for Trump’s attorneys — Kasowitz Benson Torres LLP — said Thursday’s decision was on “purely procedural grounds” and “did not address the merits of the issue at stake here … namely, that, under the Supremacy Clause of the U.S. Constituti­on, state courts do not have jurisdicti­on over a sitting President.”

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